THE UNION-BUSTING case against United Estates Ltd., one of the largest citrus farms in the island, and its managing director, Mark McConnell, is heading for the United Kingdom Privy Council.
On Monday the Court of Appeal will hear an application for leave to appeal against its ruling which upheld convictions against the company and its managing director.
Mr. McConnell and the company were convicted in April 1997 for dismissing and penalising workers from exercising their rights to be members of a trade union.
The company was fined a total of $6,000 for three breaches of the Labour Relations and Industrial Disputes Act. (LRIDA). Mr. McConnell was fined a total of $6,000 or 30 days imprisonment for three breaches of the Act.
Evidence was given at the trial in the Spanish Town Resident Magistrate's Court that between February, 1994 and June, 1994, a number of workers employed to United Estates, St. Catherine, sought to organise themselves by seeking union membership in order to improve their working conditions. They joined the National Workers Union.
According to the evidence given in court, after being unionised, they were harassed by Mr. McConnell and threatened with dismissal. The union members were asked to sign a document dissociating themselves from the union.
During lunch time on June 16, 1994, some of the workers staged a demonstration at the company's entrance. They were prevented from entering the compound when they tried to return to work. They were subsequently escorted into the premises in order to collect their belongings and change their clothes. Some of the workers said they spoke directly to Mr. McConnell who informed them that they were being laid off for various reasons including the fact that they were involving themselves in the union. Others said they were informed that production was low but would be contacted when things got better. They said they were never contacted.
Following the convictions, the company and Mr. McConnell appealed on the ground that Resident Magistrate Jennifer Straw had allowed inadmissible evidence to be adduced at the trial.
The Court of Appeal dismissed the appeal and ruled that the Resident Magistrate was correct in her findings.
