Shirley's Esso Servicenter v Dockers & Marine Workers Union

• Jurisdiction: Jamaica
• Judge: Martin, C.
• Judgment Date: 01 January 1977
• Date: 01 January 1977
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: No. 13 of 1977

Industrial Disputes Tribunal

Martin, C.

No. 13 of 1977

Shirley's Esso Servicenter

and

Dockers & Marine Workers Union

Labour law - Termination of employment — Dismissal.

1 Reference:

2 The Honourable Minister of Labour and Employment, by letter dated 21 ^st June 1977 in accordance with Section 9 of the Labour Relations and Industrial Disputes Act, 1975 referred to the Industrial Disputes Tribunal for settlement, an industrial dispute between the EMPLOYER and the TRADE UNION.

3 The Terms of Reference to the Tribunal are as follows:

“To determine and settle the dispute between Shirley's Esso Servicecenter on the one hand, and the Dockers and Marine Workers' Union on the other hand, over the dismissal of Mr. Winston Palmer, formerly employed by the Servicecenter.”

4 The division of the Tribunal selected in accordance with Section 8(2) of the Act was–

Dr. John Martin	—	Chairman
Mr. J. Murray Harris	—	Employers' Representative
Mr. Edward Dixon	—	Workers' Representative

5 The Employer was represented by–

Mr. C.T. Lewis — Secretary — J.G.R.A.

6 The Trade Union was represented by–

Mr. Milton Scott

Mr. Barbara Scott

Mr. George Gabbidon

Mr. Winston Palmer — Witness

Submissions and Sittings

7 Written briefs and oral submissions were tendered by the parties to the dispute, at sittings of the Tribunal on 13th September and 11th November, 1977.

Hearings

8 At the hearing it was mentioned by the Union that the dispute had been settled at the local level and that agreement between the parties had been finalized. A copy of the letter of Agreement is appended hereto.

AWARD

9 The Tribunal award; that the letter of Agreement, at Appendix I, signed by both parties, regarding payment to Mr. Winston Palmer, of a sum of Seven Hundred and Twenty-five Dollars ($725) in full settlement of his claim be accepted in final determination of this issue.

10 DATED THIS DAY Of DECEMBER, 1977.

11 Dr. John Martin — Chairman

12 Mr. J. Murray Harris — Employers' Representative

13 Mr. Edward Dixon — Workers' Representative

14 Witness,

15 Henry A. Brash, Secretary.

16 JAMAICA GASOLENE RETAILERS ASSOCIATION

17 Office: 11 Ivy Green Crescent, Kingston 5.

18 P. O Box 156. Kingston 10.

19 Telephone: 936-6155, 926-4463.

20 13 ^th November, 1977.

21 The Secretary,

22 Industrial Disputes Tribunal,

23 74 Slipe Road,

24 Kingston 5.

25 Attention Mr. Brash

26 Dear Sir:

27 Re: Dispute between Gerry Shirley Esso Station, Montego Bay, and employee, Winston Palmer.

28 This is to advise that the above dispute has been settled by mutual agreement between both parties.

29 To this end, Shirley's Esso issued a cheque in favour of...