THE EDITOR, Sir:
THE JAMAICA Employers Federation, in a recent article, expressed concern about recent Industrial Dispute Tribunal awards, and in particular mentioned the redundancy cases involving the Jamaica Flour Mills Limited.
Of course, the decision of the IDT was upheld by the Full Court, without dissent. The Court opined that the workers were unjustifiably dismissed and made the point that the "procedure and effects of a redundancy" can be challenged if it was unfair on general principles.
Importantly, the decision by the Court speaks profoundly to an issue which the JEF must begin to take into account. It is moreso important in the context of today's global realities, when we recognise the importance of building partnership approaches to better workplace relations, and the need to foster dialogue and equity in an effort to improve efficiency and competitiveness.
The Tribunal in its ruling noted that the dismissals were "unfair, unreasonable and inconsiderate..." because it showed little "concern for the dignity and human feelings of the workers". The company's contention that the management acted in strict conformity with the letter of the Employment Termination & Redundancy Payments Act, 1974, ignores the principles of the Labour Relations Code, and the elements of good industrial relations practice.
This aspect of our social relations and the need to develop greater humanism in the conduct of our affairs, is the point that both the employers and the trade unions must seek to address in the course of their dialogue. The terms of redundancy under the ETRPA and the principles embodied in the Labour Relations Code are not mutually exclusive. We must find ways to incorporate the essential features of good industrial relations while observing the basic tenets of the labour laws. It is, in fact, the former that the Social Partnership discussions sought to embrace, and to which JEF was committed.
But, if we are unable to move beyond a mere acceptance of the 'practical guidance' set out in the Labour Code, then the Social Partnership remains still-born.
The central point in this case, and most of the other cases to which the JEF referred, has to do with the treatment of labour. It is important for JEF to counsel its members on the importance of observation of the Labour Code, and the importance of consultation, dialogue and equity in the conduct of our affairs at the workplace.
I am, etc.,
VINCENT MORRISON
National Workers Union
