Gojkovic v Bahamas Wall

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 21 September 2015
• Court: Industrial Court (Bahamas)
• Date: 21 September 2015
• Docket Number: IT/NES/1660/11

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1660/11

Gojkovic

and

Bahamas Wall

Appearances:

No appearance on behalf of applicant.

Mr. Harry Louis on behalf of respondent.

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

Demeritte-Francis, P.

1 (1) By Certificate of Referral dated 7 October, 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 5 January, 2012 to the registered postal address provided to the Tribunal.

3 (3) Upon receipt by the applicant of the Notice of an Originating Application, the applicant filed an Originating Application in the Tribunal on 2 April, 2012.

4 (4) A Notice of Appearance — Form D was filed on 15 June, 2012 and a Defence on 9 July, 2012 respectively by the respondent in the Tribunal.

5 (5) A Notice of Hearing — Form J dated 15 July, 2015 listed the hearing for 21 and 22 September, 2015 and was sent in accordance with Rule 8 (2) by the Secretary to the Tribunal to the applicant and the respondent.

6 (6) Although the applicant was properly served with Notice of Hearing, there was no appearance by the applicant at the time of the scheduled Tribunal Hearing at 10:00 am on the 21 September, 2015.

7 (7) The respondent at the hearing submitted to the Tribunal that the matter be dismissed.

8 (8) In the circumstances therefore the Originating Application — Form A filed by the applicant dated 2 April, 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