Jamaica Gasolene Retailers Association v Dockers and Marine Workers Union

• Jurisdiction: Jamaica
• Judge: Lewars, C.
• Judgment Date: 01 January 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: Not yet available
• Date: 01 January 1978

Industrial Disputes Tribunal

Lewars, C.

Not yet available

Jamaica Gasolene Retailers Association

and

Dockers and Marine Workers Union

Labour law - Industrial disputes — Accident insurance.

JAMAICA GASOLENE RETAILERS ASSOCIATION V. DOCK & MARINE WORKERS UNION

1 REFERENCE: The honourable Minister of Labour, by letter dated 13 ^th June, 1977, in accordance with section 9 of the Labour Relations Industrial Disputes Act, 1975, referred to the tribunal for settlement a dispute between the association and the trade union.

2 The terms of reference to the tribunal were as follows:

“To determine and settle the dispute between the Dockers and Marine Workers Union on the one hand and the Jamaica Gasolene Retailers Association on the other hand, over payments to be made to the estate Sydney Thenstead (deceased) with respect to accident insurance in accordance with paragraph 7 of the Retail Petrol Trade Industrial Relations Agreement between Jamaica Gasolene Retailers Association and the Dockers & Marine Workers Union and the National Workers Union dated August 25, 1975”.

3 The division of the tribunal selected in accordance with subsection (2) of section (3) of the Act was:

Mr. Russell LeWars — Chairman

Mr. Noel Holness — Employers' Representative

Mr. Headley Allman — Workers' Representative

4 The association was represented by:

Mr. David Muirhead, Q.C. (Legal)

Mr. Allan F. Rae (Legal)

Mr. C.T Lewis

5 The trade union was represented by–

Mr. Milton Scott (President)

6 Background and sittings

7 The parties submitted written briefs and made oral submissions at five (5) sittings held between 29th March 1978 and 19th July, l978.

8 The union contended that:

• (a) In accordance with paragraph 7 of an agreement entered into between the Jamaica Gasolene Retailers Association and the Dockers and Marine Workers Union and the National Workers Union on August 25, 1975, that the JGRA is responsible for settling the claim of Sydney Thenstead (deceased), an employee of Tropic Shell Limited, 211 Constant Spring Road, who was shot and killed on the 6th March, 1976.

• (b) It is the Jamaica Gasolene Retailers Association's obligation as per the above agreement, to insure the workers employed at those gas stations which are members of the Jamaica Gasolene Retailers Association against accidents resulting in injury or death.

9 The Jamaica Gasolene Retailers Association on the other hand contended that:

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