Knowles v Budget Rent-a-car

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 06 August 2015
• Court: Industrial Court (Bahamas)
• Docket Number: IT/NES/1899/13
• Date: 06 August 2015

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1899/13

Knowles

and

Budget Rent-a-car

Appearances:

No Appearance on behalf of applicant.

Mr. James Thompson on behalf of respondent.

Employment Law - Industrial dispute — Tribunal Procedure — Whether applicant failed to comply with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules — Matter dismissed.

Demeritte-Francis, P.

1 (1) By Certificate of Referral dated 23rd October, 2013 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 on 3rd December, 2013 to the registered postal address provided to the Tribunal.

3 (3) The registered post was unclaimed by the applicant, the Post Office gave the applicant a Third Notice and a Final Notice and then returned to the envelope to the sender (Industrial Tribunal). The envelope evidences this by way of postal stamps.

4 (4) 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.”

5 (5) 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.”

6 (6) It is clear that it is mandatory for the applicant to file within fourteen days the Originating Application in the Industrial Tribunal Registry.

7 (7) By virtue of Section 7 of the Interpretation and General Clauses Act, Chapter 2, which states as follows:

“Where any...