Jamaica Packaging Industries Ltd v Trades Union Congress of Jamaica
Industrial Disputes Tribunal
No. 21 of 1977
Labour law - Collective agreement — Wages increases.
Labour law - Collective agreement — Improved fringe benefits.
The Honourable Minister of Labour by letter dated 14th September, 1977, and in accordance with Section 11, Subsection 1 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Industrial Disputes Tribunal for settlement, an industrial dispute between the COMPANY and the TRADE UNION.
The terms of reference to the Tribunal were as follows:
“To determine and settle the dispute between Jamaica Packaging Industries Ltd., on the one hand, and the production workers employed by the Company and represented by the Trades Union Congress of Jamaica on the other hand over the claim of the Union for increased wages and improved fringe benefits on behalf of the said workers.”
The division of the Tribunal selected in accordance with Section 8(2) of the Act was:
Mr. James Lloyd
Mr. Headley Allman
Mr. Noel Holness
However, before an award was made, Mr. James Lloyd, became incapacitated, Mr. Basil Lynch was selected in his stead and consideration of the dispute was finalised in accordance with the provisions of Section 8(4) of the Act.
The COMPANY was represented by:
Mr. Emit George, Q. C. (Legal)
Mr. C.P. Grant
Mr. L. Jackson
The TRADE UNION was represented by:
Senator Hopeton Caven
Mr. F. Morant
Written briefs were submitted and oral submissions made by the parties at the eight sittings held on the 21st September, 12th, 21st and 25th October and the 7th, 9th and 15th November, and 15th December, 1977.
By letter dated 5th April, 1977, the Union sought to amend the existing Labour/Management Agreement which expired on September 30, 1976, in six (6) material particulars; the claim was for increased wages and improved working conditions and are set out below:
(a.) Vacation and Sick Leave to be given on the following basis:
1-4 years service
— 2 weeks leave
5-9 years service
— 3 weeks leave
10-14 years service
— 4 weeks leave
15 years and over
— 8 weeks leave
(b) Maternity leave — six (6) months leave inclusive of four (4) months pay.
Qualifying period 91 days:.
Up to 3 years
— 3 weeks pay per year service
over 3 years but less than 6 years
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