Adderley v Brian Roker Construction Company

• Jurisdiction: Bahamas
• Court: Industrial Court
• Judge: Demeritte-Francis, P.
• Judgment Date: 04 Nov 2015
• Docket Number: IT/NES/1645/11

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1645/11

Adderley

and

Brian Roker Construction Company

Appearances:

Mr. Errol Mckinney on behalf of applicant.

No Appearance by or on behalf of respondent.

Employment Law - Industrial dispute — Tribunal Procedure — No appearance on behalf of applicant or respondent — Whether originating application filed in accordance with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules — Matter dismissed.

Demeritte-Francis, P.

1 (1) By Certificate of Referral dated 14th September, 2011 the Minister referred the subject dispute to the Industrial Tribunal.

2 (2) In accordance with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010 a Notice for an Originating Application — Form A was sent by the Acting Secretary to the Tribunal to the applicant on 19th October, 2011 to the Attorney on record for the applicant.

3 (3) By virtue of rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010. Rule 3(1) states as follows:

“Where the minister has referred a dispute to the Tribunal pursuant to Section 72 or 73 of the Act, the applicant shall within fourteen days of receiving notice of the referral present to the Secretary an Originating Application in Form A in the schedule, which shall be signed by the applicant. “

4 (4) By virtue of Section 3(3) of the Interpretation and General Clauses Act, Chapter 2:

“the word “shall” is to be construed as being mandatory or imperative.”

5 (5) It is clear that it is mandatory for the applicant to file within fourteen days the Originating Application in the Industrial Tribunal Registry.

6 (6) By virtue of Section 7 of the Interpretation and General Clauses Act, Chapter 2, which states as follows:

“Where any written law authorises or requires any documents to be served or any notice to be given by post or registered post, whether the expression “served” or “give” or “send” or any other expression is used the service or notice shall be deemed to be effected by properly addressing, pre-paying the postage there on and dispatching by registered post, as the case may be, to the last known postal address or post office box number of the person to be served or given notice or in care of the post office for general delivery, an envelope containing the document or notice, and, unless the contrary is proved, such service or notice shall be deemed to have been effected ninety-six hours...