Pink Beach Ltd v Minister of Labour and Home Affairs 1993 Civil Appeal No. 11

• Jurisdiction: Bermuda
• Judgment Date: 19 November 1993
• Date: 19 November 1993
• Docket Number: Criminal Appeal No. 11 of 1993
• Court: Court of Appeal (Bermuda)

In the Court of Appeal for Bermuda

Roberts, P.

da Costa, J.A.

Henry, J.A.

Criminal Appeal No. 11 of 1993

Pink Beach Limited

Appellant

and

The Minister of Labour and Home Affairs

Respondent

Mr. Alan Dunch—Appleby, Spurling & Kempe for the Appellant

Mr. Philip Holder—Attorney-General's Chambers for the Respondent

Mr. Nicholas Hoskins—Hall & Associates for the B.I.U.

Associated Picture Houses Ltd v Wednesbury Corp.UNK [1947] 2 All ER 680

Canadian and Domnion Sugar Co Ltd v Canadian National (West Indies) Steamship Ltd.ELR [1947] AC 46

Labour Relations Act 1975, s. 5M

Judicial review — Application for certiorari and prohibition — Whether Minister acted ultra vires in reference to the Trade Dispute Tribunal — Whether subject matter of reference already decided by tribunal — Whether Minister acted reasonably

JUDGMENT

Henry, J.A.

On November 24, 1992 a letter in the following terms was sent by the Bermuda Industrial Union (‘the Union’) to the Labour Relations Officer in the Ministry of Labour and Home Affairs

‘Re: Dispute—Pink Beach Cottage Colony vs B.I.U. Dismissal of Bro. Perry Goater

Please be informed that at approximately 2:50 p.m. on Friday 20th November, 1992, the General Manager of Pink Beach Club, Mr. B.A. Marquardt, again told me that he has fired Mr. Perry Goater. a Bar Waiter, and there is nothing to discuss. He told me that this is not a case for a grievance and if I wished, I could take the matter up with the Labour Department.

I calmly told the manager that we recognize his right to dismiss an employee for just cause. However, management must recognize the employee's right to be heard through the Grievance procedure. Mr. Marquardt replied ‘we have orders down here not to meet’. I enquired where did the order come from? He told me from higher up.

Therefore, because the Pink Beach Club refuses to comply with the Grievance Procedure, Article 41 of the collective agreement, which was signed by Mr. W. Toppy Cowen in his capacity as ‘President’ of the ‘Hotel Employers of Bermuda’, I hereby request your kind intervention in this dispute. We hope that you will be able to persuade management to reinstate Bro. Perry Goater, with or without a modified form of discipline.

We anticipate your kind and immediate co-operation.’

Consequent on the receipt of this letter the Minister, pursuant to Section 5M of the Labour Relations Act 1975 (‘the Act’) referred the matter to the Essential Industries Disputes Resolution Board (‘the Board’) with...