The Ministry Of Health & The Ministry Of Finance and Planning vThe Industrial Disputes Tribunal et al

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO: HCV 1840 OF 2003

BETWEEN THE MINISTRY OF HEALTH

THE MINISTRY OF FINANCE AND PLANNING

AND THE INDUSTRIAL DISPUTES TRIBUNAL)

THE SUMOR DOCTORS' ASSOCIATION)

DR COLLIN GRAHAM 1

DR AYE TRWYN 1

DR PATRICK TOPPIN 1

APPLICANT

APPLICANT

RESPONDENT

RESPONDENT

RESPONDENT

RESPONDENT

RESPONDENT

Mr. Patrick Foster and Ms. Katherine Denbow instructed by the Director of State

C; Proceedings for the Applicants:

Dr. Lloyd Barnett instructed by Mr. Keith Bishop for the znd4, h and 5fi Respondents;

(Ms. Grizzle representing the Ministry of Finance and Ms. Gabbidon representing the

Ministry of Health)

Heard on July 7 and 8,2004

ANDERSON J.

This is an application by certain ministries of Government, ("The Government") for a

declaration and prerogative orders. It originated in a threat of industrial action by the

members of the Junior Doctors' Association, at least in partial response to certain

proposals by the Government, (as well as by the Association itself), as to the conditions

of service of members of the Association.

There is no dispute as to the factual history of this matter and how it got here from there.

I will accordingly start with the order made by Daye J. on the 8Ih October 2003. On that

day the learned judge granted leave to the Ministry of Health and the Ministry of Finance

& Planning to apply to the Judicial Review court for the following:

(a) A Declaration that the Industrial Disputes Tribunal ("IDT") does not have the

jurisdiction to hear and determine the claim by the Junior Doctors'

Association (hereinafter "JDA) pertaining to their hours of work, that is to

say, that their hours of work are from 8:00 a.m. to 4.00 p m.