Judges' dispute ruling keeps all parties happy
a ruling on the longstanding row between Bermuda Forwarders and the Bermuda Industrial Union.
Government was vindicated by being given the green light to send the two feuding sides before its new Trade Disputes Tribunal.
The BIU was triumphant over the finding that a dispute existed and it could be settled by the new disputes tribunal.
And Bermuda Forwarders was satisfied with the court's declaration the 15 ex-truckers ended their own employment by walking off the job.
According to the firm's lawyer Mr. Alan Dunch, the ruling finally put an end to the question of whether or not the 15 men should be rehired because they may have been unfairly dismissed.
"I don't think there is any question as to reinstatement now,'' he said.
"That issue has been put to bed.'' But BIU lawyer Mr. Julian Hall MP called the lawyer's statements "rubbish''.
He disagreed the issue had been "put to bed'' saying the disputes tribunal still had the power to order reinstatement.
He added, though, that if the BIU chose not to seek reinstatement, because of the time that has gone by and the changed circumstances of the 15 men, "then it would be asking for something else''.
Mr. Hall blasted Bermuda Forwarders for bringing the matter to court "where it did not belong''. And he said the firm's insistence the new board was created too late to hear the matter was "nonsensical''.
He charged "everyone in Bermuda except the brain dead'' knew the disputes tribunal was created to solve the matter.
Mr. Hall had taken Mr. Dunch by surprise on the first day of the hearing earlier this month when he conceded the 15 workers terminated their employment.
However, during the hearing he advised the judge against making a "declaration'' to that effect.
But Mr. Puisne Judge the Hon. Mr. Justice Ground said he did not think making such a declaration would be "trespassing on the domain'' of the disputes tribunal.
"Indeed it may assist the tribunal, by laying out clearly the legal rights in respect of the underlying grievance and thus provide it with a sound starting point for its considerations,'' he wrote in his 17-page ruling. "I cannot see therefore that there is any risk of prejudicing (the Tribunal's) proceedings.'' Disagreeing with Mr. Dunch, he said the dispute over Mr. Lynn Darrell's firing did not dissolve when the 15 workers ended their employment by walking out.
He also disagreed with Mr. Dunch that the only dispute in existence now was the fact the firm refused to abide by a non-binding Board of Inquiry's order to rehire the 15 men.
And he disagreed the disputes tribunal did not have retrospective effect. He said the board was created to make binding decisions when there were "continued and unresolved labour disputes''.
The date the tribunal sits depends on whether Mr. Dunch appeals the decision.
He said it would be at least a week before a decision was made.
Attorney General Mr. Walter Maddocks, who appeared for Government, is hoping it will not come to that.
Mr. Maddocks was unhappy it was taking such a long time to settle the dispute.
He agreed with Mr. Hall that it had been obvious the disputes tribunal was created to hear the BIU/Bermuda Forwarders dispute.
