Re Maestro Industries Ltd

• Jurisdiction: Belize
• Court: Supreme Court (Belize)
• Judge: Moe, C.J.
• Judgment Date: 01 January 1980
• Docket Number: No. 151 of 1980
• Date: 01 January 1980

Supreme Court

Moe, C.J.

No. 151 of 1980

Re Maestro Industries Limited

Mr. Horace Young, C.C. for the applicant.

Mr. George Brown, Solicitor General for the arbitrator

Mr. Derek Courtenay, S.C. for the Christian Workers Union and Ella Mae Bradley

Judicial Review - Prohibition — Application to prevent further hearing and adjudication of a reference by the Minister of Labour to an arbitration tribunal — Matter involved dismissal of applicant — Whether applicant had consented to matter being referred to arbitration as required by Arbitration Ordinance, Cap. 143.

Moe, C.J.

1 This is an application for an Order of Prohibition directed to Mr. Glen Godfrey prohibiting him from further hearing and adjudicating upon a reference dated 21 ^st December 1979 by the Minister of Labour to an Arbitration Tribunal constituted of a sole arbitrator by the said Glen Godfrey.

2 One Ella Mae Bradley was an employee of the applicant's company until the 10 ^th February 1978 the date on which a letter for and on behalf of the applicant was sent to her informing her that as of that date her services were no longer required.

3 The Christian Workers Union on behalf of Mrs. Bradley contended that her dismissal was unjustified and that she was entitled to severance pay in accordance with an agreement between the applicant and the Union (hereinafter referred to as collective agreement). The applicant maintained that her dismissal was lawful but agreed to conciliation according to the collective agreement. No settlement was reached by that method and on 4 ^th May 1978 the union wrote to the applicant and the Labour Commissioner requesting, pursuant to Article 2 of the agreement, that the dispute be referred to arbitration. At a meeting between the applicant and the union held at the instance of the Labour Commissioner an agreement was reached for the payment of a certain sum to Mrs. Bradley. The union subsequently reviewed its request for arbitration.

4 On the 1 ^st August 1976, the Permanent Secretary, Ministry of Labour wrote a letter to the applicant which contained the following paragraph “It would appear that all parties concerned have not been able to come to an acceptable compromise, and since the union has requested a Board of Arbitration, I would be grateful to have your concurrence on this matter so that the Hon. Minister can take the necessary action.” On the 10 ^th August 1978, the applicant replied to the Permanent Secretary, Ministry of Labour by letter indicating that the applicant did not concur with his suggestion. The applicant next received a letter dated 21 ^st December 1979 signed by the Permanent Secretary, Ministry of Labour which stated “I have been directed by the Ministry of Labour, Hon. D.L. McKoy, to inform you that by virtue of his authority under section 3 of the Trade Dispute (Arbitration & Inquiries) Ordinance, Chapter 143 of the Laws of Belize (Revised Edition 1958) he has appointed Mr. Glen Godfrey, LL.B. as sole arbitrator in the matter of the dispute which exists between the Christian Workers Union on the one part and Messrs. Maestros Industries Ltd. on the other part in the matter of Mrs. E.M. Bradley a former employee of the said Maestros Industries Ltd.”

5 At a hearing by the tribunal on the 26 ^th March 1980, the authority and jurisdiction of the arbitrator Mr. Glen Godfrey was challenged on the ground that the Minister of Labour has no authority under section 3 of the Trade Disputes Ordinance (CAP. 143) to refer the dispute concerned to arbitration without the consent of both parties, that the applicant not having consented to such reference, the arbitrator has no jurisdiction to embark upon the arbitration. After hearing argument the arbitrator held that he had...