Salada Foods Jamaica Ltd v The Bustamante Industrial Trade Union

• Jurisdiction: Jamaica
• Judge: martin, C.,Harris, R.,Allman, R.
• Judgment Date: 19 November 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 28 of 1976
• Date: 19 November 1976

Industrial Disputes Tribunal

martin, C.; Harris, R.; Allman, R.

IDT 28 of 1976

Salada Foods Jamaica Limited

and

The Bustamante Industrial Trade Union

Labour Law - Industrial Disputes — Wage Increases

Labour Law - Industrial Disputes — Improved Fringe Benefits

REFERENCE:

1 By letter dated 19 ^th May, 1976, the Honourable Minister of Labour and employment, under the provisions of section 11, Subsection 1 of the Labour Relations and Industrial Disputes Act, 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 Salada Foods Jamaica Limited on the one hand and the unionized staff employed by the Company and represented by the Bustamante Industrial Trade Union on the other hand, over the Union's claim for increased wages and improved fringe benefits.”

2 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. J. Murray Harris	—	Employers' Representative
Mr. Headley Allman	—	Workers' Representative

3 The Employer was represented by –

Mr. Peter Mais (Legal

Mr. K.C. Falconer

Mr. C. Walter

Mr. P. Johnson

Mr. T.A. Edwards

4 The Trade Union was represented by –

The Rt. Hon. Hugh Shearer

Mr. G. Freeman

Several Worker/Delegates were in attendance

SUBMISSIONS AND SITTINGS

5 Written briefs were submitted by the parties and oral submissions made at the seven sittings held on the 17 ^th, 18 ^th August, 1976, 7 ^th 10 ^th September, 1976, 4 ^th 6 ^th and 11 ^th October, 1976. Members of the Tribunal and representatives of the Union visited and inspected the plant of Salada Foods Jamaica Limited on 4 ^th October, 1976.

BACKGROUND

6 Several meetings had been held between the parties to consider wage and fringe benefit demands made by the Union, both at the local level and at the Ministry o Labour and Employment.

7 At these meetings the Company's attitude was that the wage guidelines should apply and that in any event no increases could be afforded without consequent increases in prices for the commodities produced by the company.

8 The Company finally made an offer of Eight Dollars ($8.00) per week across-the-board which was not accepted by the Union.

AWARD

9 We Award as follows:–

ITEM 1 SEVERANCE PAY

10 We make no Award.

ITEM 2 VACATION LEAVE

11 We Award as of 1 ^st December, 1975 –

That entitlement to Vacation Leave shall be on the following basis –

1 — 5 years service — 2 weeks per annum over 5 — 10 years service — 3 weeks per annum over 10 years service — 4 weeks per annum

ITEM 3 SICK LEAVE

12 We make no Award.

ITEM 4 MATERNITY LEAVE

13 The Tribunal Awards four (4) weeks at full pay Maternity Leave after one year's service.

ITEM 6...