The Government of Jamaica v Bustamante Industrial Trade Union & Jamaica Union of Public Officers and Public Employees

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Holness, R.,Dixon, R.
• Judgment Date: 11 February 1976
• Docket Number: IDT 7 of 1975
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 11 February 1976

Industrial Dispute Tribunal

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

IDT 7 of 1975

The Government of Jamaica

and

Bustamante Industrial Trade Union & Jamaica Union of Public Officers and Public Employees

Labour Law - Industrial Disputes — Terms of Employment

REFERENCE:

1 The Honourable Minister of Labour and Employment by letter dated 20th August, 1975, in accordance with section 9(4) of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an Industrial Dispute between the Employers and certain Assistant Nurses and Midwives employee, in the Hospital and Health Services of the Ministry of Health and Environmental Control and represented jointly by the Trade Unions.

2 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:

3 The Crown was represented by –

Mr. A. Alberga (Legal)

Mr. A. G. Irons

Mr. I. G. Grant

Mr. C. L. Taylor

4 The Trade Unions were represented by

Mr. J.A.G. Myers	—	National Workers Union
Mr. Claude O'Reagan	—	Jamaica Union of Public Officers
Mr. Alton Bryan	—	and Public Employees

And several worker/delegates were in attendance.

SUBMISSIONS AND SITTINGS:

5 Written briefs were submitted by the parties and oral submissions were made when the Tribunal met on the 3 ^rd and 4 ^th December, 1975.

6 In addition the union called two witnesses who gave evidence I support of their claim.

AWARD:

CLAIM NO. 1 — ALLOWANCE TO ASSISTANT NURSES AND MIDWIVES.

7 We Award an allowance of $3 per shift as from 1 ^st April, 1974 to Assistant Nurses and Midwives who are performing some of the duties of staff nurses in hospitals on the understanding that on each occasion an authorized person certifies that such Assistant Nurse and or Midwife was required to, and did in fact perform the higher duties.

CLAIM NO. 2 — SHOES.

8 Government has agreed to issue two pairs of shoes annually to Staff Nurses, Assistant Nurses and Midwives with effect from 1 ^st April, 1975.

9 The Tribunal can find no justification for a retroactive award to Assistant Nurses and Midwives of shoes or the cost thereof, beyond that date. We make no award.

CLAIM NO. 3 — NIGHT SHIFT PREMIUM.

10 We make no award.

CLAIM NO. 4 — PENSIONABLE STATUS.

11 ...