Patterson's Service Station v Dockers & Marine Workers Union

 
FREE EXCERPT

Industrial Disputes Tribunal

Martin, C.

No. 38 of 1978

Patterson's Service Station
and
Dockers & Marine Workers Union

Labour law - Termination of employment — Dismissal.

REFERENCE:
1

The Honourable Minister of Labour, by letter dated 12th June 1978, in accordance with section 9(3) (a) of the Labour Relations and Industrial Disputes Act of 1975, referred to the tribunal for settlement, an industrial between Patterson's Service Station and F. Davis represented by the Dockers and Marine Workers Union.

2

The terms of reference to the tribunal were as follows:

“To determine and settle the dispute between Patterson's Service Station on the one hand and Mr. F. Davis, a former employee of the Service Station and represented by the Dockers and Marine Workers Union on the other hand' over the dismissal of the said Mr. Davis.”

3

The division of the tribunal selected. in accordance with subsection (2) on 8 of the Act was:

Dr. John Martin — Chairman

Mr. Noel Escoffery — Employers' representative

Mr. Edward Dixon — Workers' representative

4

The employer was represented by:

Mr. Keith Bowen

Ms. Dorothy Patterson

5

The trade union was represented by:

Mr. Milton Scott

Mr. Florizel Davis

Mr. Trevor Mitchell

6

The employer called the following witnesses

Mr. Fitz Grant

Mr. Rixon White

7

Submissions and Sittings

8

Written briefs were submitted by the parties and oral submissions were made at two sittings held on the 29th and 30th August, 1978. The tribunal, after considering the case presented by each side finds that Mr. F. Davis was wrongfully dismissed. He is not desirous of reinstatement.

9

The tribunal awards that Mr. Davis be paid one thousand five hundred ($1500), compensation by Patterson's Service Station.

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