Bell v Peace Holdings Ltd & B.G.C. Ltd

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, V.P.
Judgment Date15 Jan 2015
Docket NumberIT/NES/1926/2014

Industrial Tribunal

Demeritte-Francis, V.P.

IT/NES/1926/2014

Bell
and
Peace Holdings Limited & B.G.C. Ltd.
Appearances:

Mr. Obie Ferguson for applicant.

Mr. Clinton Clarke Jr. for respondent.

Employment Law - Industrial dispute — Tribunal procedure — Originating Application — Whether there was a claim sufficiently particularized before tribunal.

Demeritte-Francis, V.P.

Whereas:

1

) By Certificate of Referral dated 25th February, 2014 the Minister referred the Trade Dispute to the Industrial Tribunal; and

2

) Pursuant to Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010, the Secretary to the Tribunal gave notice on the 20th March, 2014 and 31st October, 2014 respectively to the applicant to present and file an Originating Application (Form A) within the required time at the postal address provided by the applicant for service of documents in the Report of a Trade Dispute dated 23rd November, 2012; and

3

) The Notice for the filing of an Originating Application by the applicant was sent by the Secretary by registered post pursuant to Rule 18(5) of the Industrial Relations (Tribunal Procedure) Rules, 2010; and

4

) By way of Notice of Hearing (Form J) dated the 1st December, 2014 the matter was heard on the 15th January, 2015; and

5

) At the hearing of this action Counsel for the applicant and Counsel for the respondent having perused their files agreed that neither of them were able to produce to the Tribunal a copy of an Originating Application presented to the Tribunal on behalf of the applicant in this matter; and

6

) Counsel for the applicant submitted that Rule 3(1) was a mandatory provision and that where there is no Originating Application presented in the registry to the Secretary to the Tribunal then there is no claim sufficiently particularized before the Tribunal to be heard; and

7

) IT IS HEREBY ORDERED that pursuant to Section 58(1)(d) of the Industrial Relations Act, Chapter 321 it appears that further proceedings are unnecessary or undesirable in the public interest.

AND THIS IS THE ORDER OF THIS TRIBUNAL

Indira Demeritte-Francis Vice-President

The Industrial Tribunal

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