THE INDUSTRIAL DISPUTES TRIBUNAL
Prior to 1975, industrial relations in Jamaica were regulated by the Public Utility Undertakings and Public Services Arbitration Law (PUUPSA), simply referred to as the Essential Services Law (ESL), 1952, as well as the Trade Disputes (Arbitration and Enquiry) Act, 1957 (TDAE). The PUUPSA/ESL provides for compulsory arbitration of disputes which occurred in industries that were considered essential services. The TDAE provided for mediation, conciliation and voluntary arbitration by the parties to a trade dispute. However, owing to the deficiencies of these pieces of legislation, they were repealed and replaced with what eventually became known as the Labour Relations and Industrial Disputes Act (the “LRIDA”) of 1975. The Labour Relations and Industrial Disputes Act established the Industrial Disputes Tribunal (the “Tribunal/IDT”) to serves as a permanent statutory Tribunal. It was to provide for a quick and economical third-party settlement of disputes generally and not only for the settlement of disputes related to essential services.
The Industrial Disputes Tribunal is a quasi-judicial body established in 1975 under the Labour Relations and Industrial Disputes Act to arbitrate on all industrial disputes referred to it by the Minister of Labour and Social Security who has responsibility under the Act.
In 2010 an amendment was made to the LRIDA allowing the Minister to refer disputes involving individual non-unionised workers to the IDT.
The objectives of the IDT
The objectives of the IDT are to:
- Assist in the maintenance of industrial harmony and stability in Jamaica by facilitating the determination and settlement of industrial disputes in accordance with the LRIDA.
- To hand down Awards in accordance with the law
The Tribunal’s Awards should be consistent with all laws concerning wages, conditions of employment and hours of work and should take into account the national interest.
The Tribunal in its determination and settlement of disputes pays attention to the Labour Relations Code which purpose is to promote good labour relations. Awards of the Tribunal are unimpeachable except on a point of law.
The Tribunal currently consists of a Chairman, four Deputy Chairmen and twelve Members all appointed by the Minister of Labour and Social Security. Five of the Members are nominated by the Jamaica Employers Federation and five nominated by the Jamaica Confederation of Trade Union. The Administrative Head of the Office is a Secretary/Director appointed by the Public Services Commission as well as support staff. The IDT operates offices in Kingston and Montego Bay.
Powers of the Tribunal
Both the LRIDA and common law rulings have outlined the power and authority of the Tribunal. The Tribunal has the power to order an employer to reinstate a worker where it finds that the dismissal was unjustifiable. It does not operate “like a court of review” but is expected to take a fully objective view of the circumstances of each case rather than focus on the reasons given by the employer.
The operating procedures and guidelines of the IDT are available from the Office of the Secretariat, 4 Ellesmere Road, Kingston 10. Our telephone numbers are 9265746 and 9268232. Email: mlssidt@mlss.gov.jm.
