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Iberostar hotels win appeal to make 400 posts redundant

Published:Monday | September 21, 2015 | 9:40 PM

The management of the Iberostar hotels has won its appeal against an order by the Industrial Disputes Tribunal (IDT) to reinstate some 400 workers whose positions were made redundant in 2009.

In its ruling today, the Court of Appeal said Supreme Court judge David Batts erred when he upheld the IDT’s ruling.

The Appeals Court said the parties are to make written submissions on legal costs within 21 days.

The IDT and the University and Allied Workers’ Union (UAWU) were the respondents in the appeal.

Branch Developments Limited, which runs Iberostar, had argued that it was entitled to or was justified to terminate the employment of the workers on the ground of redundancy.

At that time of the redundancy, Iberostar had said it was forced to send home the workers because the property was being closed.

However, the union objected to the move and accused Iberostar of treating Jamaican workers unfairly.

The UAWU took the issue to the IDT which ruled that the workers be reinstated before December 5, 2011 with payment of full wages from the date of termination to the date of reinstatement.

The IDT had ruled that if the workers were not reinstated they should be compensated with redundancy payments in accordance with the law.

The management of the Iberostar disagreed with the IDT’s ruling and took the matter to the Judicial Review Court, which turned down its application.

The company then took the matter to the Court of Appeal which quashed the decision of the lower court and ruled in favour of Iberostar.

The hotel was represented by attorneys Dr Lloyd Barnett and Kwame Gordon.