15.05.17

Sappleton v Industrial Disputes Tribunal & Cemex [2017] Jam Civ 70

Adrian Cotterell
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(876) 922-5860 or (876) 838-7608
Gavin Goffe
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(876) 922-5860
Jahmar Clarke
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Sappleton v Industrial Disputes Tribunal & Cemex [2017] Jam Civ 70

Sappleton v Industrial Disputes Tribunal & Cemex
[2017] Jam Civ 70

Dameta Gayle for the Applicant
Carla Thomas & Deidre Pinnock instructed by the Director of State Proceedings on behalf of the Respondent
Gavin Goffe, Jahmar Clarke & Adrian Cotterell instructed by Myers, Fletcher & Gordon on behalf of the Interested Party

Judicial Review – Redundancy – Whether the IDT acted Ultra Vires – Stare Decisis – Lack of Consultation.

Judicial Review proceedings were instituted by Lorel Sappleton on the basis that the Industrial Disputes Tribunal was wrong in law to rule that his dismissal on the grounds of redundancy was justified when there was no prior consultation as is required by the Labour Relations Code.

Lorel Sappleton was employed to Cemex as a raw material coordinator. He was invited to a meeting one day with the General Manager where he was advised of his termination by reason of a redundancy with immediate effect. Mr. Sappleton instituted legal proceedings against Cemex Jamaica Ltd and the matter was eventually brought before the Industrial Disputes Tribunal. Mr. Sappleton’s lawyer argued that he was never consulted or made privy to any decision of the Cemex Jamaica Ltd to engage in a redundancy exercise. Gavin Goffe, who acted on behalf of Cemex argued that Cemex could not have reasonably engaged in consultations due to the nature of the operations at the Company. The Company’s actions were guided by safety and security concerns to prevent sabotage. The Industrial Disputes Tribunal found favour in Mr. Goffe’s submissions and ruled that the dismissal was justifiable.

Lorna Shelly Williams J on Judicial Review found that the IDT’s decision was in accordance with labour laws and was not ultra vires and dismissed Lorel Sappleton’s Application for Judicial Review.

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