Re Cremo Ltd

• Jurisdiction: Jamaica
• Judge: WALKER J.
• Judgment Date: 24 March 1999
• Judgment citation (vLex): [1999] 3 JJC 2402
• Court: Supreme Court (Jamaica)
• Date: 24 March 1999

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN THE JUDICIAL REVIEW COURT

IN THE MATTER of an application by CREMO LIMITED for leave to apply for Orders of CERTIORARI AND PROHIBITION

AND

IN THE MATTER of a Reference by the Minister of Labour, Social Security and Sport to the INDUSTRIAL DISPUTES TRIBUNAL in pursuance of Section 11A [1] [a] [i] of the Labour Relations and Industrial Disputes Act.

JUDICIAL REVIEW - Order for certiorari - Whether decision of Minister of Labour and Social Security should be quashed - Whether the Industrial Disputes Tribunal should be prohibited from proceeding upon the reference

1 REASONS FOR JUDGMENT

WALKER J

2 Cremo Limited (the company) is a company incorporated under the Laws of Jamaica carrying on the business of manufacturing and selling dairy products, fruit juices and other food products at its factory located at 284 Spanish Town Road in the parish of Saint Andrew.

3 By these proceedings the company sought relief as follows:-

• 1. An Order of Certiorari to remove into this Honourable Court and to quash the decision of the Minister of Labour, Social Security and Sport made on May 15, 1998 to refer an alleged dispute between the Applicant and the University and Allied Workers Union to the Industrial Disputes Tribunal pursuant to Section 11A [1] [a] [i] of the Labour Relations and Industrial Disputes Act;

• 2. An Order of Prohibition to prohibit the Industrial Disputes Tribunal from proceeding upon the reference;

• 3. An order that the costs of and occasioned by this Application he the Applicant's; and

• 4. Such further or other Order as to this Honourable Court seems just.

4 The company's application was based on the following grounds:

• (a) That the Minister of Labour, Social Security and Sport in referring the dispute to the Industrial Disputes Tribunal acted ultra vires and in excess of her statutory powers under the Labour Relations and Industrial Disputes Act.

• (b) That the legal basis on which the Minister is authorised to make a reference to the Industrial Disputes Tribunal does not exist in this case.

• (c) That the reference by the Minister of the said dispute to the Industrial Disputes Tribunal constitutes a denial by the Minister of the Applicant's legitimate expectation that the Minister would act according to the Law.

5 FACTUAL BACKGROUND TO THE APPLICATION

6 Robert Matt was an employee of the company between March, 1983 and September 25, 1995 when he was dismissed. His dismissal followed upon an incident which occurred on July 8, 1995 and in which Mr. Matt is alleged to have wounded another employee in the course of a strike at the company's factory. Mr. Matt had been formally charged with the offence of wounding arising out of the incident but eventually acquitted of that charge. It was alleged that subsequent attempts by the company to institute disciplinary proceedings against Mr. Matt were obstructed by Mr. Matt who, in the process, was insubordinate and abusive to the company's personnel manager. So it was that Mr. Matt was dismissed on September 25, 1995. At this time the company tendered to Mr. Matt a cheque...