J. Wray and Nephew Ltd v Trade Union Congress of Jamaica

• Jurisdiction: Jamaica
• Judge: Martin, C.,Plant, R.,White, R.
• Judgment Date: 03 June 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 70 of 1975
• Date: 03 June 1976

Industrial Dispute Tribunal

Martin, C.; Plant, R.; White, R.

IDT 70 of 1975

J. Wray and Nephew Limited

and

Trade Union Congress of Jamaica

Labour Law - Collective Agreement — Contract

REFERENCE:

1 The Honourable Minister of Labour and Employment by letter dated 11 ^th November, 1975, and in accordance with the provisions of section 11 of the Labour Relations and Industrial Disputes Act, 1975, referred to the tribunal for settlement, an industrial dispute between the employer and certain of its employees represented by the Trade Union, with the following Terms of Reference –

“To settle the dispute between J. Wray & Nephew Limited on the one hand and the unionized workers of the Company represented by the Trades Union Congress of Jamaica on the other hand with respect to claims served on the Company by the Union by letter dated 10 ^th June, 1975”.

2 The division of the Tribunal selected in accordance with section 8(2) of the Act was –

Dr. John Martin	—	Chairman
Mr. Owen Plant	—	Employers' Representative
Mr. Dorrel White	—	Workers' Representative

3 The Employer was represented by –

Mr. Emil George Q.C. (Legal)

Mr. Edward Ashenheim (Legal)

Mr. C. v. May

Mr. R.D.C. Henriques

Mr. C.C. Bloomfield

Mr. W.A. McConnell

Mr. H.B. Lewis

4 The Trade Union was represented by –

Mr. Howard Mamilton (Legal

Mr. Earl Witter (Legal)

Senator Hopeton Caven

Mr. Trevor Waite

A number of Worker/Delegates were in attendance.

SUBMISSIONS AND SITTINGS

5 Written briefs were submitted by the parties to the dispute and oral submissions were made at the fifteen sittings held between the 26 ^th November, 1975 and the 11 ^th May 1976.

6 The Members of the Tribunal visited the Wray & Nephew complex on Spanish Town Road, on the 5 ^th March, 1976, when they observed the Company's operations and working conditions.

THE DISPUTE

7 The Trade Union, by letter dated 10 ^th June, 1975, submitted a list of seven (7) items for amendment to the existing Collective Labour Agreement. Despite a number of meetings at the local and conciliatory level, no agreement was reached and consequently the matter was referred to the Tribunal.

8 The Guidelines apply to contracts which fall due for re-negotiation between 1 ^st September, 1975 and 31 ^st March, 1976 and whilst the contract for re-negotiation in this dispute fell due before that period in particular 1 ^st August, 1975, the Tribunal has nevertheless given due regard to the Economic and Social conditions existing in the country in arriving at its conclusions.

AWARD

9 The period of this Award be 1 ^st August, 1975 to 31 ^st July, 1977.

(1) LEAVE

10 We award as of the 1 ^st January, 1976 –

(a) Vacation Leave

1 — 5 years service —	2 weeks
over 5 — 10 years service —	3 weeks
over 10 — 15 years service —	4 weeks
over 15 — 25 years service —	6 weeks
over 25 years service —	7 weeks

11 (b) Sick Leave

14 days per annum on full pay, (non-accumulative)

In addition, 30 days per annum at half the basic rate of pay (non-accumulative) for protracted illness certified by the Company's doctor.

12 (c) Maternity Leave

On the completion of 1 year continuous service, every female worker will be entitled to 4 months maternity leave with guaranteed reinstatement to be computed as follows –

• (a) 1 month with pay at the basic rate

• (b) 1 month at half the basic rate

• (c) 2 months without pay

2. SEVERANCE PAY

We award effective 1 ^st August, 1975, that the formula for the payment of Severance pay shall be:–

2 — 5 years service —	2 weeks pay for each year of service
over 5 — 10 years service —	3 weeks pay for each year of service
over 10 — 20 years service —	4 weeks pay for each year of service
over 20 years service —	6 weeks pay for each year of service

2. SEVERANCE PAY

3. DEATH AND DISMEMBERMENT

13 No award with effect from the 1 ^st June, 1976, that each worker after satisfactory completion of his or her probation period will be entitled to insurance coverage to the extent of $10,000 per year.

14 This coverage will be applicable on and off the job.

4. OVERTIME

15 We award as of 1 ^st August, w975, that overtime be calculated on the following basis.

• (a) the first 4 hours worked on Saturdays shall be paid at 1 ¹/₂ times the normal rate, all hours worked in excess of 4 shall be at double the normal rate.

• (b) All hours worked on Sundays and Public Holidays shall be paid at three times the normal rate.

5. WAGES

16 We award effective 1 ^st August, 1975, new rates of pay as shown at Appendix 1.

DATED THIS DAY OF JUNE, 1976.

Sgd. Dr. John Martin,

Chairman

Sgd. Mr. Owen Plant

Employers' Representative

Sgd. Mr. Dorrel White

Worker' Representative

Witness:

Sgd. Y.D. Fidler (Mrs.)

Secretary.

APPENDIX 1

NEW WAGE SCHEDULE

J. WRAY & NEPHEW LTD.

CATEGORY EXISTING WEEKLY WAGE RATE

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