Clarence Clarke, president of the Jamaica Manufacturers' Association (JMA), speaks at the Kiwanis Club of Kingston weekly luncheon at the Hilton Kingston Hotel yesterday. - Michael Sloley JAMAICA MANUFACTURERS Association (JMA) president Clarence Clarke yesterday described the Industrial Disputes Tribunal (IDT) as an "institutional dinosaur" which had made several "incredulous" rulings in recent times.
According to Mr. Clarke, recent rulings by the IDT in cases involving the Jamaica Flour Mills (JFM) and United Estates Ltd. did not augur well for the country's investment profile and labour management relations.
The JMA head was speaking at the weekly luncheon of the Kiwanis Club of Kingston at the Hilton Kingston Hotel where he made a special plea for the chairman and deputy chairmen of the tribunal to have experience in industrial relations, business, economics and law "to prevent rulings that threaten the viability of the productive sector".
He said there should also be some consensus between the political directorate, the business community and the unions on the selection of the chairman and his deputies.
In the case of United Estates, Mr. Clarke said he believed the IDT blundered in ruling the company should deduct union dues from employees on behalf of the union as this was neither stated in the law nor in the Labour relations code.
He noted the tibunal also made an award in respect of wage and fringe benefits which he said would cost the company about $122 million. The IDT ruling, according to Mr. Clarke, was despite the fact the company presented its financial statement to the panel and outlined the environmental factors affecting competitiveness and profitability such as the tristeza virus and declining world prices for citrus.
"From the ruling it would appear that the IDT is oblivious of these facts that were so clearly documented and articulated to the panel".
The JMA president also stated his opposition to the ruling by the tribunal that three dismissed workers at the JFM be reinstated, pointing out this was despite the fact the company had paid the workers well in excess of the statutory requirements for redundancy with two of them accepting and encashing their cheques.
Mr. Clarke said he was not in favour of the IDT ruling regarding workers made redundant at Jamaica Broilers where the tribunal disagreed with the company's position that a payment in lieu of notice and acceptance thereof is a lawful and effectual termination of a contract of employment.
He warned industrial peace was an essential ingredient to economic growth but that, and economic growth, was jeopardised by controversial IDT awards.
The manufacturing sector was at a crossroads, he said, with its survival depended on enabling legislation to ensure investor confidence be rebuilt.
