Barbara Gayle, Staff Reporter
THE INDUSTRIAL Disputes Tribunal (IDT) has been severely criticised by the Court of Appeal for its irrational behaviour and failure to follow the law when it ordered the Institute of Jamaica to reinstate a temporary worker who was fired in January 1999.
In upholding an appeal brought by the Institute, the court held that the IDT did not give the Institute a fair hearing before it ordered reinstatement.
The dispute arose in 1999 when the Institute fired Colleen Beecher from her post as deputy director of administration. Dr. Elaine Fisher, the executive director of the Institute had written to Mrs. Beecher in December 1998 that she could not recommend her for appointment because her performance on the job was not satisfactory. Mrs. Beecher was employed to the Institute since March 1996.
UNJUSTIFIABLY DISMISSED
On May 3, 2000, the IDT ruled that Mrs. Beecher was unjustifiably dismissed by Dr. Fisher and ordered reinstatement.
The Institute took the issue to the Judicial Review Court seeking an order to quash the IDT's ruling and lost. The Institute, which was represented by attorneys-at-law Christopher Kellman and Nigel Jones of the law firm Myers Fletcher and Gordon, took the case to the Court of Appeal which ruled yesterday in favour of the Institute.
The Court of Appeal comprising Mr. Justice Henderson Downer, Mr. Justice Donald Bingham and Mr. Justice Seymour Panton held that the IDT and the Judicial Review Court failed to refer to the contract of employment which stated that the post was temporary and one month's notice could be given on either side.
"The IDT had no lawful authority to shred the contract that governed the relationship" between Mrs. Beecher and the Institute, the court ruled.
