Employment / Jamaica / Judgment report
Court declines to rewrite compensation order while appeal is pending
The Industrial Disputes Tribunal failed to obtain a further order after the compensation part of its award had been quashed.
An attempt to revisit a completed judicial-review judgment failed on 19 January. The Industrial Disputes Tribunal asked the Supreme Court to vary its earlier order so that compensation for an unjustifiably dismissed worker could be reconsidered by the tribunal.
The court had quashed the compensation award in 2024. The finding of unjustifiable dismissal was not challenged. The tribunal subsequently pursued both an appeal against the quashing decision and an application to alter that decision by adding a remittal.
The Supreme Court found no exceptional circumstances justifying variation. The proposed change would affect substantive matters already before the Court of Appeal, while assuming the validity of the very order being challenged there. The application was refused; the court did not set a replacement compensation amount.
Full judgment reviewed. This was a post-judgment application, not a fresh dismissal trial. Later appellate developments were not checked.
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