St. Ann Bauxite Ltd v University and Allied Workers Union

• Jurisdiction: Jamaica
• Judge: Wright, Q.C., C.
• Judgment Date: 24 June 2015
• Date: 24 June 2015
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 7/2009

Industrial Disputes Tribunal

Wright, C.; Hall, M.McNish, M.

IDT 7/2009

St. Ann Bauxite Limited

and

University and Allied Workers Union

Employment Law - Industrial dispute — Termination of employment — Dismissal — Award — Interpretation of award — Whether workers entitled to reinstatement.

Wright, Q.C., C.

REFERENCE:

1 By letter dated May 21, 2009 the Honourable Minister of Labour and Social Security pursuant to Section 11A(1)(a)(i) of the Labour Relations and Industrial Disputes Act (hereinafter called “the Act”), referred to the Industrial Disputes Tribunal for settlement in accordance with the following Terms of Reference, the industrial dispute described therein:–

2 The Terms of Reference were as follows:

“To determine and settle the dispute between St. Ann Bauxite Limited on the one hand and the University and Allied Workers Union on the other hand over the termination of employment on the grounds of redundancy of the following workers as listed in the attached document.”

DIVISION:

3 The division of the Tribunal which was selected in accordance with Section 8(2(c) of the Act and which dealt with the matter comprised:

Mr. Norman Wright, Q.C. — Chairman

Mr. Rion Hall, J.P. — Member, Section 8(2)(c)(ii)

Mr. D. Trevor McNish — Member, Section 8(2)(c)(iii)

REPRESENTATIVES OF PARTIES:

4 The Company was represented by:

Ms. Angela Robertson — Attorney-at-Law

Mr. David Wong Ken — Attorney-at-Law

5 In attendance were:

Mrs. Nordia Tracey — Training & Organizational Development

Human Resource Specialist

6 The Union was represented by:

Senator Lambert Brown — President

Mr. Garfield Harvey — 1St Vice President

7 In attendance were:

Mr. Herman Brown — Chief delegate

Mr. Alfred Hemmings — Deputy Chief Delegate

Several other Workers and delegates

8 REQUEST FOR/INTERPRETATION RE AWARD No. 7/2009 ITEM (i)

9 In response to a letter received from Miss Angela Robertson dated June 15, 2015, on behalf of Noranda Bauxite Limited (St. Ann Bauxite Limited), requesting an Interpretation of item (i) in said Award and having regard to the short time frame contemplated in which to implement this Award, the Tribunal embraced the opportunity of hearing the parties on Thursday June 18, 2015, with a view to handing down an Interpretation with expedition.

10 The request for an Interpretation is with respect to item (i) of the Award which reads as follows:

11 AWARD:

• (i) That Noranda Bauxite Limited (St. Ann Bauxite Limited) reinstates the workers...