Strikers `still had rights' -- Hall
statement which surprised Bermuda Forwarders lawyer Mr. Alan Dunch on Tuesday, the first day of a court hearing to determine whether Government can legally send the two parties before the Trade Disputes Tribunal.
Mr. Hall said that while he had admitted 15 truckers terminated their employment by walking off the job, it was not his position that they terminated their entire relationship with Bermuda Forwarders.
He told Supreme Court Puisne Judge the Hon. Mr. Justice Ground that ex-employees still had rights even if they no longer had a contract.
"It cannot be said that merely because a contract of employment is terminated no labour dispute can exist,'' he said. "One does not follow from the other as night does from day.'' It is Mr. Dunch's position that the BIU-Bermuda Forwarders dispute cannot be sent to the Trade Disputes Tribunal as no dispute exists because there is no worker contract in place.
Mr. Dunch said yesterday that the first time he had heard Mr. Hall's position that the workers terminated their employment by walking out was on Tuesday.
He said if this had been the union's position all along, the court hearing would not be taking place.
But Mr. Hall said while the union may not have taken that position publicly, they "obviously'' knew it was true.
Before concluding his case, Mr. Hall said Mr. Dunch "seems to have taken a very narrow view of the BIU's grievances''.
But he said, "Even in his very narrow view, a labour dispute exists.'' He added Labour Relations laws were designed to minimise the involvement of the courts.
Attorney General Mr. Walter Maddocks is expected to begin his case for Government today.
The Trades Disputes Tribunal is the latest Government board created to halt industrial strife.
The legislation to create it was rushed through Parliament after the Island was virtually brought to a standstill following sympathy strikes over the Bermuda Forwarders-BIU dispute.
The trucking firm had ignored a recommendation by a non-binding board of inquiry to reinstate 15 workers who walked off their jobs in support of sacked shop steward Mr. Lynn Darrell.
The new board would impose a compulsory retroactive settlement on the parties.