Kingston & St. Andrew Corporation v National Workers Union & Jamaica Association of Local Government Officers

• Jurisdiction: Jamaica
• Judge: Martin, C.,Holness, R.,White, R.
• Judgment Date: 28 September 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 13 of 1976
• Date: 28 September 1976

Industrial Disputes Tribunal

Martin, C.; Holness, R.; White, R.

IDT 13 of 1976

Kingston & St. Andrew Corporation

and

National Workers Union & Jamaica Association of Local Government Officers

Labour Law - Industrial Disputes — Terms of Employment

Labour Law - Industrial Disputes — Conditions of Employment

REFERENCE:

1 By letter dated 24 ^th February, 1976, the Honourable Minister of Labour and Employment, in accordance with section 9 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between the Kingston and St. Andrew Corporation (Fire Brigade Service) the National Workers Union and the Jamaica Association of Local Government Officers.

2 The Terms of Reference to the Tribunal were as follows –

“To determine and settle the dispute between the Kingston and St. Andrew Corporation on the one hand, and Mr. Cecil Campbell, an employee of the Fire Brigade Service of the Corporation and represented jointly by the National Workers Union and the Jamaica Association of Local Government Officers on the other hand, over the terms and conditions of employment of the said employee.”

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

Dr. John Martin	—	Chairman
Mr. Noel Holness	—	Employers' Representative
Mr. Dorrel White	—	Workers' Representative

4 The Employer was represented by –

Mr. F. Barrow (Legal)

Miss Ethlyn Norton (Legal)

Mr. A. v. Lawson

Mr. Alexander Binns

Mr. Carlton A. Dixon

Mr. J. Clarke

5 The National Workers Union was represented by –

Mr. Percy Crawlle

Mr. Cecil Campbell was in attendance.

SUBMISSIONS AND SITTINGS

6 Written briefs were submitted by the parties and oral submissions made at the seven sittings held on the 3 ^rd, 8 ^th, 22 ^nd and 23 ^rd June, 1976 and on the 1 ^st, 9 ^th and 12 ^th July, 1976.

BACKGROUND

7 Mr. Cecil Campbell, past chief officer of the Kingston and St. Andrew Fire Brigade was sent on a scholarship to England in January, 1970 to pursue a course in advanced fire control techniques.

8 While on the course, Mr. Campbell was involved in a motor vehicle accident, as a result of which he had to have a prosthesis to his right lower extremity.

9 After he had recuperated sufficiently, Mr. Campbell was offered and accepted the position of Personnel Officer within the Fire Brigade Service with effect from the 14 ^th February, 1972. this post was specially...