Jamaica Gasolene Retailers Association v Dockers and Marine Workers Union
Industrial Disputes Tribunal
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Labour law - Industrial disputes — Accident insurance.
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.
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”.
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
The association was represented by:
Mr. David Muirhead, Q.C. (Legal)
Mr. Allan F. Rae (Legal)
Mr. C.T Lewis
The trade union was represented by–
Mr. Milton Scott (President)
Background and sittings
The parties submitted written briefs and made oral submissions at five (5) sittings held between 29th March 1978 and 19th July, l978.
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.
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