Evans v Lightbourne Trading Company

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, P.
Judgment Date06 Jul 2015
Docket NumberIT/NES/1689/12

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1689/12

Evans
and
Lightbourne Trading Company
Appearances:

Mr. Errol Mckinney for the applicant.

No appearance on behalf of the respondent.

Employment Law - Industrial dispute — Tribunal Procedure — No appearance on behalf of respondent — Matter settled — Application dismissed.

Demeritte-Francis, P.
1

(1) By Certificate of Referral dated 9 November, 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 Secretary to the Tribunal to the applicant on 10 January, 2012 to the registered postal address provided to the Tribunal.

3

(3) Upon receipt by the applicant of the Notice for an Originating Application, the applicant filed in the Tribunal an Originating Application dated 18 July, 2012.

4

(4) A Notice of Appearance (Form D) was filed on 6th February, 2012 and the Defence was filed on 28 March, 2012 in the Tribunal by Counsel for the respondent.

5

(5) A Notice of Hearing (Form J) dated 8 June, 2015 listed the hearing for 6 and 7July, 2015 and was sent by the Secretary to the Tribunal to the applicant and the respondent in accordance with Rule 8(2).

6

(6) Although the respondent was properly served with the Notice of Hearing by the Tribunal the respondent did not appear at the time of the scheduled Tribunal hearing at 11am on the 6 July, 2015.

7

(7) The Legal Representative for the applicant at the hearing submitted that having regard to the fact that the applicant had in fact executed a Release in full and final settlement of the amount claimed in the Originating Application filed in the Tribunal on the 18 July, 2012 and received payment of the amount as agreed between the parties that the matter be struck out and dismissed.

8

(8) In the circumstances therefore, the Originating Application (Form A) filed by the applicant dated 18 July, 2012 is dismissed pursuant to Section 58(d) of the Industrial Relations Act, Chapter 321, as further proceedings are unnecessary or undesirable in the public interest.

AND THIS IS THE DECISION OF THIS TRIBUNAL

Indira N. Demeritte-Francis

President

Industrial Tribunal

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