APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN THE CIVIL DIVISION
CLAIM NO SU 2022 CV
BETWEEN
SCJ HOLDINGS LIMITED
APPLICANT
AND
MINISTER OF LABOUR & SOCIAL SECURITY
RESPONDENT
The Applicant, SCJ HOLDINGS LIMITED, of Lot #12 Innswood, Spanish Town, St. Catherine seeks
against the Respondent, MINISTER OF LABOUR & SOCIAL SECURITY of 1F North Street in the
parish of Kingston, the following orders:
1. Leave is granted to the Applicant to apply for certiorari to quash the Respondent’s referral
to the Industrial Disputes Tribunal of the alleged industrial dispute between the Applicant
and its former employee, Mr. Lancelot Naraysingh.
2. Costs of this application to be costs in the claim.
The grounds on which the Applicant seeks the orders are as follows:
1. Mr. Naraysingh waived any right to dispute his dismissal on the absence of any
complaint at the time of the redundancy and by his acceptance of his severance
payment without demur.
2. There is no industrial dispute existing in the Claimant’s business between it and Mr.
Naraysingh.
3. The Minister has no jurisdiction to refer matters to the Industrial Disputes Tribunal where
an industrial dispute does not exist in any undertaking as per section 11A of the Labour
Relations & Industrial Disputes Act.
4. There are no reasonable grounds for the Minister to be satisfied that an industrial dispute
currently exists.
5. The Applicant was and is adversely affected by the Respondent’s referral.
6. The time limit for making this application has not been exceeded.
7. No other remedy exists to have the referral quashed.
The Applicant estimates the likely length of the hearing to be: 30 Minutes
IT IS NOT INTENDED TO GIVE NOTICE PURSUANT TO RULE 56.3(2) OF THE CIVIL PRODECURE
RULES 2002
This application will be heard by a Judge in Chambers on the
day of
at the Supreme Court, King Street, Kingston at
in the morning/ afternoon.
To:
Registrar
Supreme Court
King Street
Kingston
, 2022