McLawrence's Esso Service Station v Dockers and Marine Workers Union

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Plant, R.,Dixon, R.
• Judgment Date: 30 June 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 4 of 1976
• Date: 30 June 1976

Industrial Dispute Tribunal

Lynch, C.; Plant, R.; Dixon, R.

IDT 4 of 1976

McLawrence's Esso Service Station

and

Dockers and Marine Workers Union

Labour Law - Termination of Employment — Dismissal

Labour Law - Termination of Employment — Reinstatement

REFERENCE:

1 By letter dated 30 ^th June, 1976, the Honourable Minister of Labour and employment, under the provisions of section 9, Subsection 3 (a) of the Labour Relations and Industrial Disputes Act 14, 1975, referred to the Tribunal for settlement, an industrial dispute between the employer and the Trade Union with the following Terms of Reference –

“To determine and settle the dispute between McLawrence's Esso Service Station on the one hand and certain employees of the Service Station represented by the Dockers and Marine Workers Union on the other hand, over the dismissal of Mr. L. Forbes.”

2 The decision o the tribunal selected in accordance with section 8(2) of the Act was –

Mr. Basil Lynch	—	Chairman
Mr. Owen Plant	—	Employers' Representative
Mr. Edward Dixon	—	Workers' Representative

3 The Employer was represented by –

Mr. K.A. McLawrence

Mr. C. T. Lewis

4 The Trade Union was represented by –

Mr. M.A. Scott

Mr. W. Williams

5 Witnesses called were –

Mr. Howard Whyte

Mr. C. Roach

Miss Doreen Christie

Mr. Linval Forbes

SUBMISSIONS AND SITTINGS

6 The parties submitted written briefs and oral submissions were made at the hearings on the 9 ^th and 14 ^th June, 1976.

7 Mr. Linval Forbes was dismissed from Mr. McLawrence's Esso Service station in Stony Hill sometime in December 1975 — there exists some doubt or discrepancy as to the actual date his dismissal was effective.

AWARD

8 The Tribunal finds that Mr. Forbes' dismissal was unjustifiable. He does not wish to be reinstated and in the circumstances, the Tribunal orders that McLawrence Esso Service Station pay him compensation in the sum of Two Hundred and Fifty Dollars ($250) on or before Friday 9 ^th July, 1976.

DATED THIS 30TH DAY OF JUNE, 1976.

Sgd. Basil Lynch,

Chairman.

Sgd. Owen Plant,

Employers' Representative.

Sgd. Edward Dixon,

Workers' Representative.

Witness.

Sgd. Y.D. Fidler (Mrs.)

Secretary.