The Jamaica Omnibus Services Ltd v Bustamante Industrial Trade Union and the National Workers Union

• Jurisdiction: Jamaica
• Judge: Lynch, C.,Plant, R.,White, R.
• Judgment Date: 05 August 1976
• Court: Industrial Dispute Tribunal (Jamaica)
• Date: 05 August 1976
• Docket Number: IDT 16 of 1976

Industrial Dispute Tribunal

Lynch, C.; Plant, R.; White, R.

IDT 16 of 1976

The Jamaica Omnibus Services Limited

and

Bustamante Industrial Trade Union and the National Workers Union

Labour Law - Industrial Disputes — Wage Increases

Labour Law - Industrial Disputes — Improved Fringe Benefits

REFERENCE:

1 By letter dated 23 ^rd October, 1975, the Honourable Minister of Labour and Employment, in accordance with section 9, Subsection 4 o the Labour Relations and Industrial Disputes Act, 1975 referred to the Tribunal for settlement an industrial dispute between the Jamaica Omnibus Services Limited, the Bustamante Industrial Trade Union and the National Workers Union.

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 categories of workers represented jointly by the National Workers Union and the Bustamante Industrial Trade Union on the other hand, over the dismissal of Miss Sheila Cunningham, a conductress, formerly employed by the Company.”

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

Mr. Basil Lynch	—	Chairman
Mr. Owen Plant	—	Employers' Representative
Mr. Dorrel White	—	Workers' Representative

4 The Employer was represented by –

Mr. Neville Royes (Legal)

Mr. Keith Noad

Mr. Fred Hudson

Mr. Hugh Logan

5 The National Workers Union was represented by –

Mr. Keith Knight (Legal)

Mr. Eric Harris

A number of Worker/Delegates were in attendance

SUBMISSIONS AND SITTINGS

6 Written briefs were submitted by the parties and oral submissions made at he four meetings conducted on the following dates:–

16 ^th January, 1976, 16 ^th February, 1976, the 16 ^th and the 30 ^th June, 1976.

7 Sheila Cunningham was dismissed from the employment of the Company on 29 ^th January, 1975.

8 The Company allege that on Wednesday, 22 ^nd January, 1975, at around 10:00 a.m., Inspectors H.W. Williams and G. Johnson boarded service bus 70 (Fleet No. L 10) at Gretna Green Avenue and Hagley Park Road on the outward journey the Driver was Patrick Reynolds and the Conductress Sheila Cunningham. It is reported that the Inspectors found that thirty-nine (39) tickets were sold as against a count of forty-four (44) passengers on board.

9 When the alleged shortage was discovered, no immediate steps were taken to identify the...