The Government of Jamaica and Certain Categories of Workers Employed to the Ministry of Health and Environmental Control v The Jamaica Union of Public Officers and Public Employees

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Holness, R.,Dixon, R.
• Judgment Date: 24 March 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 5 of 1975
• Date: 24 March 1976

Industrial Dispute Tribunal

Lynch, C.; Holness, R.; Dixon, R.

IDT 5 of 1975

The Government of Jamaica and Certain Categories of Workers Employed To the Ministry of Health and Environmental Control

and

The Jamaica Union of Public Officers and Public Employees

Labour Law - Industrial Disputes — Terms of Employment — Hours of Work

REFERENCE:

1 The Honourable Minister of Labour and employment, by letter dated 18 ^th July, 1975, in accordance with section 9(6) of the Labour relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between the Employer and certain categories of employees in the Hospital and Health Services represented jointly by the trade Unions.

2 The terms of Reference to the Tribunal were as follows:–

“to determine and settle the dispute in respect of the Government of Jamaica as Employer on the one hand and certain categories of workers employed in the Hospitals and Health Services of the Ministry of Health and environmental Control represented by the National Workers Union, the Bustamante Industrial trade Union, the Trades Union Congress of Jamaica and the Jamaica Union of Public Officers and Public Employees on the other hand.”

3 The Division of the Tribunal selected in accordance with section 8(2) of the Act to hear the dispute was as follows:–

Mr. B.W. Lynch	—	Chairman
Mr. Noel Holness	—	Employers' Representative
Mr. Edward Dixon	—	Workers' Representative

PARTIES:

4 The Government of Jamaica was represented by:–

Hon. Leacroft Robinson	—	Attorney General
Mr. Allan Alberga	—	Attorney General's Department
Mr. C.G. Levy	—	Ministry of the Public Service
Mr. A.C. Irons	—	-do-
Mr. I.G. Grant	—	-do-
Mr. Horatio Malcolm	—	Ministry of Health & Environmental Control
Mr. George Taylor	—	-do-

5 The Trade Unions were represented by:–

Mr. J.A.G. Myers	—	National Workers Union
Mr. I.H. Hibbert	—	-do-
Mr. Alton Bryan	—	Jamaica Union of Public Officers and Public Employees.

SUBMISSIONS AND SITTINGS:

6 The parties submitted written briefs and oral submissions were made at the seven sittings which were held between the period 13 ^th November, 1975 to 14 ^th January, 1976.

AWARD:

7 Our award is unanimous with the exception of the award in respect of Claim No. 2. The minority view of the workers' representative Mr. Edward Dixon in this regard is set out separately and attached.

CLAIM NO. 1 — RECLASSIFICATION OF MALE ORDERLIES

8 It was agreed that this matter should be dealt with by the Classification Review Board. We make no award.

CLAIM NO. 2. PREMIUM PAY TO NON-SHIFT WORKERS

9 This claim arises from the introduction by Government of the 5 day 40 hour work week. The Unions are claiming that in terms of a Circular dated 3 ^rd September, 1973, all non-shift workers who work on a Saturday or on a Sunday are entitled to premium pay for those days irrespective of whether or not they worked for 40 hours during Monday to Friday.

10 In all, three circulars were issued by the Government in connection with this 5-day workweek. The first and second dated 12 ^th April, and 4 ^th May, 1973 provided ‘inter alia’ for;

• (a) a 40 hour work week, 5 days per week with effect from 15 ^th April, 1973;

• (b) overtime for work in excess of 8 hours in any one day or 40 hours in any one week;

• (c) in services where hours of operation are governed by Law, Regulations or Rules, these could continue to operate ‘as at present’ pending amendments to the Laws, Rules and Regulations.

• (d) In the services which operate 24 hours a day, 7 days a week, shifts should re-arranged to ensure that as a rule, staff do not work more than five days in any one week;

• (e) The submission of estimates for such additional staff as would be required to implement the 5-day workweek.

11 The third Circular which is dated 3 ^rd September, 1973, and mentioned earlier is quoted verbatim;

• “(i) the standard work week for a non-shift worker should be Monday to Friday. Non-shift workers are persons who work a given specific period each day. Such employees will be required to work during the standard work week for 40 working hours eight hours a day excluding meal time. Any work performed in excess of the daily and/or weekly hours will attract overtime at normal rates.

• (ii) the normal working period for continuous shift workers within a six-day service shall be the full period of six days, that is, Monday to Saturday. A shift worker is defined as an employee normally working on any day of the working week on an eight-hour shift which varies throughout the 24-hour day.

12 The shift worker should work a maximum of 40 weekly working hours of eight-hours a day excluding mealtime. Any hours in excess of the daily and/or weekly hours of work will attract overtime. Work performed on a public holiday within the five-day working week will be paid for at double time.

• (iii) the normal working period for continuous shift worker in a seven-day service shall be any five days out of seven, eight hours a day, exclusive of meal time, 40 working hours a week. Any hours worked in excess will attract overtime; and any work done on a public holiday will continue to attract overtime at double time rate.

• (iv) Saturdays and Sundays must be regarded as normal working days within a seven-day continuous shift service. Overtime will be payable for work done on these days only if such working hours are in addition to the five-day, 40-hour working period.

• (v) If a shift worker is called upon to work for seven consecutive days, he should be paid overtime at the rate of time and one-half for the sixth day and double time for the seventh day.

• (vi) Overtime should be paid for work done on a rostered day off only if such working hours are in addition to the normal five-day 40-hour working period. Overtime should, however, be at time and one-half. If there is a shift in the rostered day off for emergency reasons, but the worker is still within five days, 40 hours, no special compensation should be given.”

13 It is to be noted that paragraphs (ii) — (vi) set out clearly what is to happen to “shift” workers in services operating 7 days per week (and by implication 6 days also) but is silent on what should happen to “non-shift” workers operating in such services. The Unions are claiming that paragraph (i)...