THE CASE brought by Holiday Inn Sunspree Resort in Montego Bay against a ruling of the Industrial Disputes Tribunal was last week put off to September 20.
Mr. Justice Rattray granted an adjournment following objections raised by government lawyers Katherine Francis and Tasha Manley that the notes of evidence at the tribunal were not filed in court. The lawyers said the notes of evidence were necessary for the court to assess whether the decision of the tribunal was unreasonable.
COULD PROCEED WITHOUT THE NOTES OF EVIDENCE
Attorney-at-law Lowell Smith, who represents the hotel, had argued that the motion could proceed without the notes of evidence because it was the award that was being challenged. The judge disagreed and the notes of evidence will be presented in court at the next hearing.
The hotel is seeking an order from the Judicial Review Court to quash an award of the tribunal which was made in May last year. The tribunal ruled that the workers were entitled to cast ballots based on the list presented by the National Workers Union for bargaining rights.
The hotel claims that the category of workers who are entitled to cast ballots are those on the certified list which it had presented on November 26, 2004 to the Ministry of Labour. It is also the hotel's contention that if ballots were taken based on the tribunal's award, numerous former workers would be deprived of their right to vote.
