Employers and Workers Urged to Adhere to Provisions of Labour Code

KINGSTON — Labour and Social Security Minister, Hon. Pearnel Charles, has urged employers and employees to adhere to the provisions of the Labour Code, as outlined under the Labour Relations and Industrial Disputes Act (LRIDA), particularly in relation to disputes.

Speaking at a recent labour relations and industrial disputes seminar, hosted by the law firm, DunnCox, at the Knutsford Court Hotel, New Kingston, Mr. Charles pointed to an amendment effected to the Act in March 2010, which paved the way for some disputes between non-unionised workers and their current or former employers, to be referred to the Industrial Disputes Tribunal (IDT) for deliberations.

The Minister informed that, by virtue of the amendment, disputes relating to the physical conditions in which employees are required to work; termination or suspension of employment of any such worker; disputes relating to breaches of existing terms in the employment contract; and alleged breaches of rights guaranteed by employment statutes, can be referred to the IDT.

“If the employee is guilty of conduct, which may warrant dismissal, I implore employers to follow the disciplinary procedures set out in the Labour Code. In accordance with the Labour Code, employers should warn employees before disciplinary action is taken; ensure that employees are given an opportunity to improve their performance or behaviour, and ensure  that employees are given a fair hearing before disciplinary action is taken,” he outlined.

Describing this as a “paradigm shift” in industrial relations, Mr. Charles warned that it was now ill-advised for employers to dismiss workers, without following due process.  He stressed that the IDT has the jurisdiction to examine the reason for, and manner of dismissals.

“The Code seeks to guide the parties as to good industrial practices, and the IDT is mandated to examine the Code in seeking  to determine if the dismissal of a worker is unjustifiable. The IDT has far reaching powers…and has the authority to re-instate a worker where it is deemed that the dismissal of the worker is unjustifiable and the worker wishes to be re-instated,” he added.    

In the same vein, Mr. Charles urged employees to adhere to their responsibilities, as stipulated by the Code.

“The Code requires the worker to perform his/her contract of service to the best of his/her ability. Additionally, the worker has an obligation to the nation to dedicate  him/herself to the principle of productive work for the good of all,” the Minister  underscored.

By Douglas Mcintosh, JIS Reporter