Farquharson v Security Services (bahamas) Ltd

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 15 October 2015
• Court: Industrial Court (Bahamas)
• Docket Number: IT/NES/1384/09
• Date: 15 October 2015

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...