Montego Bay Municipal Bus Company Ltd v National Workers Union

• Jurisdiction: Jamaica
• Judge: Richards, C.
• Judgment Date: 01 January 1978
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: No. 31 of 1978
• Date: 01 January 1978

Industrial Disputes Tribunal

Richards, C.

No. 31 of 1978

Montego Bay Municipal Bus Co. Ltd.

and

National Workers Union

Labour law - Industrial disputes — Wage increases.

MONTEGO BAY MUNICIPAL BUS COMPANY LIMITED V. NATIONAL WORKERS UNION

1 REFERENCES: By letter dated 5th June, 1978, the honourable Minister of Labour in accordance with section 9(3) of the Labour Relations and Industrial Disputes Act, 1975, referred to the Industrial Disputes Tribunal for settlement, the dispute between Montego Bay Municipal Bus Company Limited and the National Workers Union.

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

“To determine and settle the dispute between Montego Bay Municipal Bus Company Limited on the one hand, and certain road crew and maintenance workers employed by the company and represented by the National Workers Union on the other hand, over the union's claim for increased wages on behalf of the said workers as well as the duration of time for any such increased wages to be applicable.”

3 The division of the tribunal selected in accordance with section 8(2) of the Act was:

Mr. Nathan Richards — Chairman

Mr. H.I. London — Employers' Representative

Mr. L. G. Newland — Workers' Representative

4 The COMPANY was represented by

Mr. Neville Royes

5 The union was represented by

Mr. E. Wedderburn

6 Submissions and Sittings

7 Written briefs were submitted by the parties, and at the acting of the tribunal held on 2nd August, 1978 it was reported that agreement had been reached on the items of the claim which were in dispute.

8 A copy of an agreement dated 30th June, 1978 which sets out ‘inter alia’ the agreed terms is attached.

9 In the circumstances, the tribunal makes no award.

10 Heads of agreement

11 Agreements reached between

12 Montego Bay Bus Company Limited on the one hand and the National Workers' Union on the other hand on Wednesday, 21 ^st June, 1978.

(1) Working hours

The standard working day shall consist of six (6) hours and forty (40) minutes.

The standard working week shall consist of six (6) days at six hours forty (40) minutes each day making a total of forty standard hours each week.

(2) Overtime

• (a) That item was withdrawn.

• (b) Hours worked on Sundays will be paid for at the rate of time and one half the basic hourly rate of pay,

• (c) Hours worked on public holidays will be paid for at double the basic hourly rate of pay. Where an employee's rest day falls on a public holiday and he is called out to work, then in those special circumstances, payment will be made at the rate of three (3) times the basic hourly rate of pay.

• (d) Hours worked on rest days, other than Sunday rest days, will be paid for at the rate of time and one half the basic hourly rate of pay.

(3) Vacation leave

Vacation leave entitlement is earned in arrears and will be as follows:–

After one year of continuous service — two weeks

For each subsequent year of continuous service up to six (6) years — three weeks

(4) Sick Leave

Sick leave entitlement will be as follows:–

• (a) (i) for five day work week staff — ten working clays per annum at full basic pay

• (ii) For six day work week staff — twelve working days per annum at full basic pay

• (b) Untaken sick leave will not be paid for at the end of the year but the employee will be entitled to accumulate the untaken sick leave to a maximum of twelve weeks. In the event of serious illness involving hospitalization or otherwise, the employee will be entitled to receive payment of wages out of the accumulated sick leave fund held to his credit. In the event that the employee leaves the company employment while having a credit in the sick leave fund, payment will be made at the appropriate daily basic rate at the period such leave fell to has credit in tine accumulated sick leave fund. The company must be informed in writing on the first day of every illness, and if the illness continues beyond the third day a medical certificate must be delivered to the company not later than on the fourth day of the illness,

(5) Compassionate...