Setback for the BIU
with Bermuda Forwarders.
A Trades Disputes tribunal has decided it will not consider reinstatement of 15 unionised workers who walked off the job in October, 1991.
The tribunal, which is chaired by American mediator Mr. Laurence Seibel, said it would restrict its considerations only to the case of Mr. Lynn Darrell, whose firing by the company triggered the dispute.
The tribunal, which began hearings this week, accepted arguments from company lawyer Mr. Alan Dunch that the workers' contracts were "justifiably terminated'' by the company.
"There cannot be sensibly any remedy to those 15 persons in the nature of a reinstatement with or without backpay,'' tribunal member Mr. John Cooper told the hearing on Tuesday.
The tribunal indicated that its decision on the 15 men was guided by the Supreme Court which said the company was within its rights to fire them.
BIU leader Mr. Ottiwell Simmons MP argued that the tribunal's decision was wrong.
"It has got to be wrong,'' he said. "My understanding of the court was that there is a dispute and that that dispute should happily go before this Board.'' Lawyer Mr. Julian Hall MP was called in at the last minute by union leaders to counter Mr. Dunch's arguments, apparently to no avail.
Last night, Mr. Hall indicated the union would likely take the dispute back to the Supreme Court asking for judicial review of the Board's finding.
