Adderley v Brian Roker Construction Company

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

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...