Tuesday 29 September, 2020

UTech seeks to clear the air on Privy Council slap down

UTech President Professor Stephen Vasciannie said it was the Jamaica Employers' Federation (JEF) which pursued the matter to the Privy Council, because the federation felt the case had raised important, unsettled questions relating to the labour laws.

UTech President Professor Stephen Vasciannie said it was the Jamaica Employers' Federation (JEF) which pursued the matter to the Privy Council, because the federation felt the case had raised important, unsettled questions relating to the labour laws.

More than a week after a landmark ruling was handed down by the United Kingdom Privy Council in the case of a dismissed and later reintated University of Technology (UTech) employee, the university has responded with a statement that it had not actually taken the matter to the Privy Council.

In a statement on Friday, UTech President, Professor Stephen Vasciannie, said the university had decided after the Court of Appeal had ruled against its position, that it would not pursue the matter any further.

Professor Vasciannie said it was the Jamaica Employers' Federation (JEF) which pursued the matter to the Privy Council, because the federation felt the case had raised important, unsettled questions relating to the labour laws.

The Privy Council recently upheld the decision of the Court of Appeal that the employee, Carlene Spencer, was rightfully reinstated.

It said the law of England is not the law of Jamaica in matters before the Industrial Disputes Tribunal (IDT).

Spencer was dismissed by UTech in 2006 after she went on paid vacation, which the university later decided was unauthorised.    

The University and Allied Workers Union (UAWU) took the matter to the IDT, which ruled in favour of reinstatement, triggering the court actions up to the Privy Council.

 

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