Holiday Inn Sunspree Resort v The Industrial Disputes Tribunal, etal

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. HCV 2281 OF 2005

BETWEEN HOLIDAY INN SUNSPREE RESORT CLAIMANT

AND

AND

AND

THE INDUSTRIAL DISPUTES TRIBUNAL lSRTES PONDENT

THE MINISTER OF LABOUR AND SOCIAL 2ND RESPONDENT

SECURITY

NATIONAL WORKERS UNION 3RD RESPONDENT

Lynden Smith, Gregory C. Reid and Gregory 0. Reid instructed by Zadie and Reid for

the Claimant.

Miss Julie Thompson and hiss Tasha Manley instructed by the Director of State

Proceedings for the 1 " and 2" Respondents.

A

Miss Candice Craig instructed by Hamilton and Craig representing the National Workers

Union, 3rd Respondent.

Miss Tanya Ralph observing on behalf of the Industrial Disputes Tribunal.

Heard on: 31'' October. 1'' November 2006 and the 9Ih Februav 2007.

M. MCINTOSH, J.

A dispute arose between the Claimant and the NationarW(orkers Union regarding

\

the categories of workers in the Claimant's employee and the ~ i n i d r yof Labour and

Social Security referred the dispute to the Industrial Disputes Triibunal for settlement.

The terms of reference to the Tribunal were:

To determine and settle the dispute between Holiday Inn Sunspree

Resort on the one hand, and the National Workers Union on the other

hand, as respects the categories of workers of whom the ballot should be