Samuel Johnson v Alcan Jamaica Co

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN COMMON LAW

SUIT NO. C.L. 1999IJ-024

BETWEEN SAMUEL JOHNSON PLAINTIFF

AND ALCAN JAMAICA COMPANY DEFENDANT

Carol Davis for Plaintiff

Michele Champagnie and Nadine Amos for the Defendant instructed

by Myers, Fletcher and Gordon 1

Heard: March 11, 12, 13, 14, 15, 20, 2002. April 22, 25, 2002 and

March 18, 2005

Rattray, J.

Samuel Johnson's employment with Alcan Jamaica Company

commenced at the level of a casual worker. The primary duty of an

employee taken on in that capacity was to sweep up any bauxite

which may have spilled from buckets carrying the bauxite as they

passed through the stations at Alcan and to ensure that the station to

which such employee was assigned was kept clean. Such a worker

was only employed on a part time or casual basis for a six to eight

month period each year.

In 1996, Samuel Johnson was promoted to the position of

Assistant Ropeway Operator. This post was also of a temporary