Trade unionists yesterday hailed the landmark Privy Council ruling that the Jamaica Flour Mills must reinstate three workers it made redundant almost six years ago as a “tremendous victory for the working-class people of Jamaica”.

The flour-maker, meanwhile, retreated with its lawyers to map its next move, issuing only a sparse statement acknowledging the ruling.

The London-based Privy Council yesterday ordered the upholding of an Industrial Disputes Tribunal (IDT) award against the Flour Mills to reinstate and compensate Michael Campbell, Simon Sukie and Ferron Gordon, who were made redundant without notice in August 1999.

The men had worked for the company for between 13 and 28 years.

They are to be reinstated at full pay. The law lords agreed with the IDT’s original ruling that the dismissals were “unfair, unreasonable and unconscionable”.

Suckie, Gordon and Campbell had been dismissed with only two hours’ notice and without their trade union, the National Workers Union (NWU), being informed or consulted about the redundancies.

The dispute over the dismissals was eventually referred to the IDT, which ruled on January 24, 2002 that they were unjustifiable, especially in light of the failure of the Flour Mills to consult with the employees or their union.

Having ruled that the dismissals “showed little, if any, concern for the dignity and human feelings of the workers”, the IDT had ordered that the employees be reinstated with wages to be paid from the time of the dismissal to the time of reinstatement.

The firm challenged the IDT’s decision in the Supreme Court and the Court of Appeal, losing both times.

The Privy Council ruling yesterday basically reaffirmed the 2002 IDT decision and upheld the rulings of the local court.

Commenting on the award, island supervisor of the NWU Vincent Morrison told the Observer that the decision “sets the framework for how we deal with redundancies from now on”.

He noted that the workers would receive basic wages and allowances from the time of their dismissal on August 13, 1999, and would be reinstated to their former positions at the Flour Mills.

“It is a tremendous victory for the working-class people of Jamaica,” Morrison said. “It was unfair, unreasonable and unconscionable for the JFM to effect the dismissals in the way that it did. It showed little, if any, concern for the dignity and human feelings of the workers.”

Contacted for comment, the Flour Mills management referred to its press release.

It read: “With reference to the judgment delivered today, Wednesday, 23 March, 2005 by the Judicial Committee of the Privy Council in the matter of the Jamaica Flour Mills Limited versus the Industrial Disputes Tribunal, our attorneys will be reviewing the decision and will advise the company of the way forward, thereafter.”

The company was represented at the Privy Council hearing by attorneys Donald Scharschmidt, QC, and Ransford Braham.

The NWU was represented by Lord Anthony Gifford, QC; Jennifer Eady and Professor Sandra Fredman, while the representatives for the IDT were Nicole Foster-Pusey and John Francis of the Attorney-General’s Department.

– bellanfanted@jamaicaobserver.com