Bank of Jamaica vs. Marrett

Dispute No: IDT 2/2018

Date: April 28, 2020

Type of Case: Unjustifiable Dismissal due to redundancy

Bargaining Level: Individual (Rights)

­­­­­­­­­­­­Summary of Facts: In the case of Bank of Jamaica v. Marrett, the aggrieved worker’s contract of employment was terminated by way of redundancy.  The decision was made following a restructuring exercise which resulted in the elimination of some positions from the organizational chart.  The aggrieved worker objected to the decision of termination on the grounds that he was not given adequate notice nor offered continuity of employment.  After a fair review of the evidence, the IDT found that it was an unjustifiable dismissal and awarded the reinstatement of Marrett or emoluments in lieu of same.  The case highlights the disregard to BOJ’s approach to the communication and consultation as outlined in the Labour Relations Code.

Legislation Involved: Section 11A (1) (a) (i), LRIDA; Section 11, LRC; Section 19, LRC; Section 12 (5) (c) (iii) LRIDA.

Award: Reinstatement of the aggrieved before May 18, 2020 with basic salary for period between dismissal and reinstatement OR full payment of 12 months’ emoluments.