Statement of Facts and Issues
Statement of Facts and Issues
Embedded Files
Caribbean_Airlines_v_CTGWU_SFI_c90493d7f9.pdfThis is the summary of the facts and issues that have been agreed upon by both parties. This is done so that the Privy Council does not have to listen to both sides repeat agreed facts and can concentrate on what the core issues are.
These core issues have been summarised below.
Statement of Issues
Statement of Issues
The issues in the appeal to the Judicial Committee are as follows:
In the context of expired collective agreements, does the lawful termination of all employment contracts within a bargaining unit, accompanied by full severance payments under a registered Supplemental Agreement, extinguish the operation of Sections 48(2) and/or 48(3)?
Does Section 48(3) of the IRA empower the Industrial Court to direct a successor employer to recognise a trade union as its Recognised Majority Union?
Can certificates of recognition issued by the Recognition Board in respect of one employer (BWIA) be declared by the Industrial Court as binding on a different employer (CAL) by operation of Section 48(3)?
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