Fawkes v Maximum Security and Patrol Services

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 19 October 2015
• Court: Industrial Court (Bahamas)
• Docket Number: IT/NES/1420/10
• Date: 19 October 2015

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1420/10

Fawkes

and

Maximum Security and Patrol Services

Appearances:

No Appearance on behalf of applicant

Ms. Susanne Rolle 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 2nd March, 2010 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 by 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...