Gelin v Sunco Builders Development Ltd

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, V.P.
• Judgment Date: 26 January 2015
• Docket Number: IT/NES/1464/10
• Court: Industrial Court (Bahamas)
• Date: 26 January 2015

Industrial Tribunal

Demeritte-Francis, V.P.

IT/NES/1464/10

Gelin

and

Sunco Builders Development Limited

Appearances:

No appearance on behalf of applicant.

Mr. Adrian Hunt on behalf of respondent and.

Mr. Alexiou Knowles the principle of the respondent.

Employment Law - Industrial dispute — Tribunal procedure — No appearance on behalf of applicant — Want of prosecution — Application dismissed.

DEMERITTE-FRANCIS, P.

WHEREAS:

1 (1) By Certificate of Referral dated 18TH May, 2010 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 on 5th July 2010 to the registered postal address provided to the Tribunal; and

3 (3) Upon receipt by the applicant of the Notice for an Originating Application the applicant filed an Originating Application in the Tribunal on 16th August 2010; and

4 (4) A Notice of Appearance — Form D was filed on 27th August, 2010 and a Defence on 26th April, 2011 respectively by Counsel for the respondent in the Tribunal; and

5 (5) A Notice of Hearing — Form J dated 2nd December, 2014 was sent in accordance with Rule 8 (2) by the Secretary to the Tribunal to the applicant and the respondent by registered post; and

6 (6) Additional service of the Notice of Hearing — Form J was given to the applicant by the applicant's Attorney signing for receipt of the document on the 8th December, 2014.

7 (7) The Notice of Hearing required the parties to attend the Tribunal at 10:00 am on the 26th January and 27th January, 2014 to have the matter heard. There was no appearance by the applicant or his Attorney; and

8 (8) Counsel for the respondent at the hearing submitted that having regard to the fact that there is no appearance by the applicant and there has been no communication by the applicant's Attorney to date, relative to the matter before the Tribunal, that the matter be struck out and dismissed pursuant to Rule 12(1)(f) of the Industrial Relations (Tribunal Procedure) Rules, 2010 for want of prosecution; and

9 (9) IT IS HEREBY ORDERED that pursuant to Rule 12(1)(f) of the Industrial Relations (Tribunal Procedure) Rules, 2010 and section 58(1)d of the Industrial Relations Act, Chapter 321 that the Originating Application in this matter be struck out for...