Carey v Pro-tech Security Company

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, P.
Judgment Date12 Nov 2015
Docket NumberIT/NES/1727/12

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1727/12

Carey
and
Pro-tech Security Company
Appearances:

No Appearance on behalf of applicant.

Ms. Gia Williams on behalf of respondent.

Employment Law - Industrial dispute — Tribunal Procedure — No appearance on behalf of applicant — 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 May, 2012 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 23rd July, 2012 to the registered postal address provided to the Tribunal.

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 after the posting of the...

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