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Kingston Gleaner Newspaper Archives Mar 31 1990, Page 1

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Gleaner, The (Newspaper) - March 31, 1990, Kingston, KingstonNo second profession die Klerk demands peace.5 Index 1------._4 off. Leiiure-----------.10 sporti.13-is Carou nation----16.17 want the Best Oresse Chicken fish Price soars.30 vol. Clyl no. 78 established 1834 33afli Kingston Jamaica saturday March 31, 1990 Price thirty two pages supreme court rules that Junior doctors have Vera me Junior doctors employed by the government and by the University Hospital of the West indies Mona have no Legal or contractual right to overtime pay the supreme court ruled yesterday. Since 1985, Junior doctors have been contending that their Normal hours of work Are from 8.30 . To 5 . On week Days and when they work beyond those hours they Are entitled to overtime pay. The government and the Hospital disputed the Contention. The most recent collective labour agreement dated october 1, 1987, Between the ministry of the Public service and the Junior doctors the negotiating body for the Junior doctors had reserved for judicial determination the whole question of the Junior doctors entitlement to overtime pay. Or. Justice Clarke heard sub missions on the matter in Decem Ber 1988, november 1989 and february 2 this year arid reserved judgment until yesterday. In delivering his judgment dismissing the doctors application for several declarations or. Justice Clark held 1 have examined the exhibited specimen of the contracts Between the Hospital and the Junior doctors it employs. None of the contracts provides for Normal working hours. This is not surprising because of the nature of the work doctors do. It is therefore Plain that Junior Doc tors employed by. Hospital As Well As those employed in the civil service do not have Normal work ing declarations the declarations sought by the Junior doctors were that the Normal working hours were 40. Hours a week exclusive of meal time subject to a working Day of eight hours exclusive of meal time. They said they were entitled to be paid Over time for hours worked in excess of 40 hours at the usual Premium rate of one and one half times their remuneration and double time their remuneration for work done on a rest Day As defined in the National minimum wage order 1975, or on a Public Holiday. There was no general automatic right to overtime in Jamaica the judge said. Overtime was payable Only if the employee had a contractual or statutory right to it and the employer had a correlative contractual or statutory obligation to pay it. Or. Justice Clarke said that the Junior doctors had not shown that they were entitled by Way of con tract to overtime pay. The judge pointed out that the doctors had said they had a statutory right to overtime pay by virtue of the provisions of the National mini mum wage order 1975 amended and the income tax Spe Cial rate for overtime work Rogu lations 1983. The order the said was designed to create a tonal minimum wage and not to require of which was a word that was not defined or mentioned in the order the judge held that the minimum wage legislation did not create and Legal requirement for the payment of overtime except where overtime was expressly dealt with specified hours on the question of Emen Jem duty allowance which is paid to Junior doctors who Are required perform duties for spi relied hours him i tic f " k the a no the no in Arr or inc 30% tax Grandll under the regulations to be applied to the emergency Chi v allowance is an administrative arrangement and to no establishes any Legal anti to the a tors to overtime pay Tir done in express of eight hours or -10 a ours a it the ruling that the i Lister Al the Public service or his permanent Sei w.i.-, the competent t determine hours of worn i i servants. He said there was no evidence any such deter ignation Hoisl been made in respect of Cin Nusly pail which included Junior doctors. The judge said the 1976 circular was the las circular on the and it Marie no such determination. Costs were awarded to the Cov eminent and the i Hwy plaintiffs were Junior doctors association representatives. Or. Leroy j Ottinger. Or Horace and or. Sharon Earle or own. Who were represented by or. Carl Ras tray. Q c., and or. Andrew Rattray instructed by the Law firm hat tray. Patterson rat Ray or. Patrick Robinson and or Douglas Leys instructed by the director of state proceedings appeared Lor he ministry of health the ministry of the Publ service and the actor nov in neral. Or Den Nis of Olla. Instructed he the Lau firm Myers. Fletcher and Gordon appeared Lor the diversity Hospi tal. 119-line to be in full service soon a five year old problem with 1 9. The 19-line police emergency num Ber is to be cleared up soon after Jamaica Telephone company re pairs arc completed Point commissioner Herman Rii Ketts disclosed this yesterday during a rap session with news Media representatives at the police officers club. Hope Road. Kings ton for a Long time private individuals and news Media personnel have been experiencing difficulty in contacting the police radio control As. More often than not. The erne number rings without an answer the problem has grown worse recently and callers often have to W.I. for 15 to 30 minutes before getting an answer from the police. To was observer that Tomt was a dangerous state of affairs As the emergency number is used to get the police i Delco or prevent Crimi Nal activities As Well As to get in touch with the fire department commissioner Ricketts said it was expected that the problems with the bad Telephone lines would be cleared up soon As the Telephone company carried out repairs. To reason was Given As to Why the problem with the Telephone lines has existed for nearly five years before efforts were made to Correct it. However the problem with 119 lines was said to affect the corporate area of Kingston and is. Andrew Only. Also or. Ricketts spoke about a number of things being done to enhance the fight against crime and to streamline the police Force. Among these Are reinforcing the policy of taking policemen out of the line of duty to facilitate investigations whenever there was any criminal allegations against them the instruction which was Given on february 1 that All main police stations remain open at nights and the request to members of the pub Lic As Well As Media personnel to operate with the police in isolating scenes of crime to prevent the destruction of vital forensic Evi Dence. Junior Dowie photo police commissioner Herman Ricketts answers a question with hands too at a rap session with the news Media yesterday at the police officers club Hope Road Kingston. At right is Dep Uty supt. T. K. Whyte who is in charge of the police information Centre. The conference was de scribed As a revival of the three monthly rap session with new Media representatives which was started by commissioner Ricketts in 1985. 7 j cans jump ship in Tampa Bay Tampa fla., mar 30, a seven jamaican stowaways were turned Over to immigration officials Friday after jumping overboard in Tampa Bay authorities said. The seven men on a irom Jamaica by the Eddie then bailed nut near key at the Mouth of Tampa Jay. The coast guard said All of the stowaways they were hungry one complained of stomach pains and was taken to a Hospital said coast guard i Iwen Patterson. A Boater picked up four stowaways from the water and took them to a Harbour Pilot vessel which returned them to the tug bound for Tampa electric s big Bend Plant said Patterson. Immigration officials met them dockside the coast guard plucked the other three from the water and turned two Over to immigration and the third to paramedics. Patterson said the trip from Jamaica probably took two to three Days. No further details were immediately available. Inane Relief Here a of More than 400 boxes of Hurricane Relief items arrived is last week. In tinny is alter Hurn Eane Gill it dry tilted tin1 the Rompa Ozeit g tvs a t 12 pm crimans irom District Coni Icil ii new York Trade Union arrived Here on stint see to the Distri Butkin of the gifts they sent Ija or t Nim the members of the ii Kiri Roget t Accord Tolje Church Relief Agency Here the group has decided to distribute the items in the parishes of Portland. St. Thomas St. Catherine Claren Don and St. Elizabeth. Sup plies and other items Wolti be donated to the Princess Margaret Hospital St. Thomas and the port Antonio infirmary Portland. Relief items will also be Proen Ted to the Jamaica civil service association. The Traller Load of goods which was shipped to Jamaica at the expense of Evergreen lines. Includes food construction took and medical supplies. District Council 37 is a Branch of the american federation of state county and municipal employees a member of the Al Cox and la the largest Trade Union for Public employees in new York Tity. It has members including Whites and minorities. The Union members worked along with protect Accord which was pee pair ing 8eeflm-tt the clearance of the goods in nil the wharf. Members of the group told the Leuer that the goods arrived 18 months after the Hurricane struck on september 12, 1988. Because it took them several months to collect the item a and to get a sponsor to ship the goods Here free. The Taup is led by mrs. Brenda White to the executive of the association. Other Ute Oded is. Alisa Rogo a Lucent Lynch son of Leopold Lynch one of longest serving maps. They to return to new York on sunday. It s got to be distributed by Facey commodity . Ltd. Ine spa Fer newspaper a

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