Farquharson v Security Services (bahamas) Ltd

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, P.
Judgment Date15 Oct 2015
Docket NumberIT/NES/1384/09

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1384/09

Farquharson
and
Security Services (bahamas) Limited
Appearances:

No appearance on behalf of applicant.

No Appearance on behalf of respondent.

Employment Law - Industrial dispute — Tribunal Procedure — 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 4th November, 2009 the Minister referred the subject dispute to the Industrial Tribunal; and

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's Counsel on 16th December, 2009 to the address provided to the Tribunal on the Trade Dispute ; and

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) The applicant having been properly served in this matter in accordance with Section 7 of the Interpretation and General Clauses Act, Chapter 2.

7

(7) The applicant has not filed an Originating Application in accordance with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010.

8

(8) To date there has been no attempt to communicate or follow up made by the applicant or the applicant's Counsel with the Industrial Tribunal concerning his pending Trade Dispute before the Tribunal.

9

(9) A Notice of Hearing — Form J dated 11th August, 2015 listed the matter for a Call Over on the 15th and 16th October, 2015 at 10:00 am and was sent in accordance with Rule 8 (2) by the Industrial Tribunal to the applicant and respondent by registered post.

10

(10) There was no appearance for or on behalf of the...

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