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Simmonds, Kevin v The Minister of Labour and Social Security and The Attorney General of Jamaica

Case Number: 
SU2020CV00914
Neutral Citation: 
[2022] JMFC FULL 02
Date of Delivery: 
29.04.2022

Judicial Review - Labour Relations and Industrial Disputes Act (LRIDA)- Sections 2, 11 A (1), 12 (5) (c) - Employment terminated by reason of redundancy - Intervention of Minister of Labour and Social Security under the LRIDA sought after acceptance of redundancy package and filling of post the subject of the dispute - Whether the Minister acted ultra vires the Act in deciding not to refer the dispute to the Industrial Disputes Tribunal - Whether a Minister may properly consider the issue of waiver of the rights at sections 12 (5) (c) of the LRIDA in determining whether or not to exercise the power to refer a dispute to the IDT pursuant to section 11 A (1) of the LRIDA - Whether there was a foundation of facts of waiver upon which the Minister could have acted in not referring the dispute to the IDT.
Constitutional Law - Constitution of Jamaica - Charter of Fundamental Rights and Freedoms - Section 16 (2) - Whether the Minister breached the Claimant’s rights to a fair hearing, fair hearing within a reasonable time before an independent and impartial tribunal established by law in deciding not to refer the dispute to the Industrial Disputes Tribunal days before the hearing of the claim for constitutional redress.
Crown Proceedings Act - Sections 2 and 3 - Whether constitutional claims and claims for judicial review are civil proceedings within the meaning of the Act to enable the Attorney General to be joined as a party to the claim pursuant to it.

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