The Jamaica Omnibus Services Ltd v The Union of Technical, Administrative and Supervisory Personnel

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Holness, R.,Dixon, R.
• Judgment Date: 05 May 1976
• Date: 05 May 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Docket Number: IDT 25 of 1975

Industrial Dispute Tribunal

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

IDT 25 of 1975

The Jamaica Omnibus Services Limited

and

The Union of Technical, Administrative and Supervisory Personnel

Labour Law - Termination. of Employment — Reinstatement

Labour Law - Termination of Employment — Dismissal

REFERENCE:

1 The Honourable Minister of Labour and Employment by letter dated 18 ^th December, 1975, in accordance with section 9 of the Labour Relations and Industrial Disputes Act, 1975, referred to the Tribunal for settlement, an industrial dispute between the Jamaica Omnibus Services Limited and certain categories of workers represented by the Union of Technical, Administrative and supervisory Personnel.

2 The Terms of Reference to the Tribunal were as follows:

“To settle the dispute between the Jamaica Omnibus Services Limited on the one hand, and certain workers of the Company represented by the Union of Technical, Administrative and Supervisory Personnel, on the other hand, over the dismissal of Mrs. Lorna Spence.”

3 The division of the Tribunal selected in accordance with section 3(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

4 The Employer was represented by –

Mr. Neville Royes

Mr. Keith Noad

5 The Trade Union was represented by –

Mr. Earl Witter (Legal)

Mr. B.A. Cooper

Mr. A. White

6 Witnesses called were –

Mr. K. Facey

Mr. B. Lediard

Mr. A. Brook

Mr. R. Wilmer

Mrs. Lorna Spence

SUBMISSIONS AND SITTINGS

7 Written briefs were submitted by the parties and oral submissions were made at the five sittings which were held between the period February 20 ^th to April 14 ^th, 1976.

THE FACTS –

8 Mrs. Lorna Spence was appointed a Secretary/Stenographer on the 25 ^th May, 1972 and assigned to the Company's Engineering Department. It is reported that;

9 For several months there were complaints about the performance of her duties and in particular her refusal at times to do typing assigned to her.

10 On Thursday, 11 ^th December, 1975, she created a scene in the General Office by using abusive, indecent and obscene language in the presence of Members of the staff.

11 On Friday, 12 ^th December, she was aggressive and violent to the Chief Engineer who had sought an explanation for her conduct on the previous day and as a result was summarily...