Digest of Commonwealth Caribbean Cases

• Pages: 375-388

CHAPTER 10

DIGEST OF COMMONWEALTH CARIBBEAN CASES

THE CONSTITUTIONAL RIGHT OF FREEDOM

OF ASSOCIATION

Banton v Alcoa Minerals of Jamaica Supreme Court, Jamaica (1971)

17 WIR 275

Right to belong to trade unions – whether employer compelled to recognise the worker’s trade

union of choice notwithstanding a representational poll – whether employer’s failure to recog-

nise the worker’s union of choice breached the freedom of association under ss 13, 23 (1),

25 (1) of the Jamaican Constitution 1962 – motion dismissed and injunction discharged –

freedom of association under the Jamaican constitution meant no more than the right of the

worker to join a trade union: Collymore v The Attorney-General of Trinidad and Tobago [1969] 2 All

ER 1207 approved – on a proper construction s 23 of the Constitution did not guarantee the

worker a right to have the employer recognise the union of his choice.

Collymore v AG of Trinidad and Tobago Judicial Committee

of the Privy Council [1970] AC 538

Right to strike – workers precluded from strike action by the Industrial Stabilisation Act 1965 –

Trinidad and Tobago Constitution 1960, ss 1, 2, 4, 6, 36 – whether the Act abridged the

freedom of association under the constitution – order sought to declare that the Act was ultra

vires – appeal to the Privy Council dismissed – the appellants’ right to freedom of association

had not been abridged – while the Act did abridge the right to strike and the right to collective

bargaining, these rights were not to be equated with the right to freedom of association under

the Trinidad and Tobago Constitution.

Beetham v Trinidad Cement Ltd Judicial Committee

of the Privy Council [1960] AC 132

Workers dismissed and union sought meeting with employer as the workers’ representative –

employer refused – board of inquiry appointed by the Governor – whether the board was

legally appointed in accordance with the defi nition of ‘trade dispute’ – Trade Disputes

(Arbitration and Inquiry) Ordinance 1950 ss. 2 (1), 8 (1); Industrial Courts Act 1919, s. 4 (1);

Trade Disputes Act 1906 s. 5 – appeal allowed – there was a trade dispute – by defi nition a

trade dispute exists wherever a ‘difference’ exists and a difference can exist long before the

parties become locked in combat – board of inquiry validly appointed.

R v Norman Reittie, Royden Reittie & Century Corporation Limited

(1990) Court of Appeal, Jamaica (1990) 27 JLR 110

Employees exercised their rights to be members of a trade union of their choice – dismissed

by employer – Labour Relations and Industrial Disputes, s 4 (1) (2); Interpretation Act, s 49

(2); Justices of the Peace Jurisdiction Act, s 6 – employer appealed against conviction –

appeal dismissed – Century Corporation acted as the conduit through which the workers

were dismissed – managers actively participated in the commission of the crime – the action

of the company could not be extricated from the actions of the managers: they spoke with

one voice.