March 22 2013
START DATE
END DATE
May 1 2013
Kentucky Fried Chicken (Bermuda) Limited v The Minister of Economy Trade & Industry and The Bermuda Industrial Union
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
IAN RC KAWALEY CJ
Mr Jai Pachai
Mr Craig Rothwell Mr Delroy Duncan Mr Kyle Masters
FACTS OF THE CASE:
Kentucky Fried Chicken's application for judicial review of the Minister's labor dispute reference between KFC and the BIU to a tribunal established under the Labour Disputes Act 1992 was refused. The court determined that the tribunal did not have the power to impose new terms on future agreements between the parties but could encourage resolution and make non-binding recommendations.
SUMMARY:
whether the Minister's reference of the labor dispute to the tribunal was legally appropriate whether the tribunal had certain powers
OUTCOMES:
application for judicial review refused tribunal does not have powers to impose new terms on future agreements declaration granted regarding the tribunal's jurisdiction
RULED IN FAVOUR OF:
First Respondent and Second Respondent
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Kentucky Fried Chicken (Bermuda) Limited v The Minister of Economy Trade & Industry and The Bermuda Industrial Union
Kentucky Fried Chicken's application for judicial review of the Minister's labor dispute reference between KFC and the BIU to a tribunal established under the Labour Disputes Act 1992 was refused. The court determined that the tribunal did not have the power to impose new terms on future agreements between the parties but could encourage resolution and make non-binding recommendations.