Former UWI Staff's IDT Referral Bid Denied: Employment Dismissal Challenge Falls Short

An individual formerly employed at The University of the West Indies (UWI), Mona, who faced termination six years ago, has been unsuccessful in his attempt to have his dismissal referred to the Industrial Disputes Tribunal (IDT).

Donovan Brown, terminated from his position after three decades in 2017, received approval from the Supreme Court in February to challenge the labor minister's denial of sending his case to the tribunal.

Despite the labor minister's decision on March 3 of the previous year not to refer the matter to the IDT, Justice Andrea Pettigrew-Collins granted Brown the opportunity to apply to the Judicial Review Court. The application aimed to quash the labor minister's decision and the university Visitor's refusal to address the dispute.

The Visitor, responsible for resolving conflicts at UWI, declined jurisdiction, citing an inability to rule on alleged breaches of the Labour Relations Code (LRC) and explaining that the vice-chancellor's decision preceded his appointment.

Following the rejection of Brown's appeal against his dismissal by the vice-chancellor, he submitted a petition to the Visitor. However, the Visitor declined jurisdiction, emphasizing his inability to rule on LRC violations and the timing of the vice-chancellor's decision.

While the labor ministry appealed the judge's decision, the Court of Appeal recently overturned the order and rejected Brown's application for judicial review. The court criticized the judge for granting leave to review the labor minister's decision, citing a misunderstanding of the law.

Brown's dismissal stemmed from questions about his association with a company that supplied goods to the university, alleging a conflict of interest and misconduct. Brown claimed he had disclosed his affiliation and received approval for transactions, contending that his dismissal breached the Labour Relations and Industrial Disputes Act (LRIDA).

Despite failed attempts at resolution and multiple conciliatory meetings over two years, Brown sought Ministry of Labour intervention in June 2020, aiming to have the matter referred to the IDT but was refused. His petition to the Visitor and subsequent ministry appeals also proved unsuccessful.

During the hearing, the ministry argued against the existence of an industrial dispute in the LRIDA context, asserting that the Visitor's decision should be subject to judicial review. Brown's lawyer argued the opposite, emphasizing the correctness of the judge's findings.

The appellate judge concluded that the ministry's decision not to refer the matter to the IDT was irrational, stating that no LRIDA-applicable dispute existed for referral. The court recognized the Visitor's exclusive jurisdiction over the matter, dismissing the possibility of concurrent jurisdiction between the Visitor, the court, and the IDT. Despite satisfaction with the Visitor's decision, the judges noted an inference that Brown's petition should be reviewed by a previous University Visitor with the appropriate jurisdiction based on the decision date.