Major v Chelsea's Choice

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, P.
Judgment Date06 Aug 2015
Docket NumberIT/NES/1565/11

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1565/11

Major
and
Chelsea's Choice
Appearances:

No appearance on behalf of applicant.

No appearance on behalf of respondent.

Employment Law - Industrial dispute — Tribunal procedure — No appearance on behalf of applicant or respondent — Intention to withdraw — Application dismissed.

Demeritte-Francis, P.
1

(1) By Certificate of Referral dated 20th January, 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 16th February, 2011 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 2nd March, 2011.

4

(4) A Notice of Appearance — Form D was filed on 9th March, 2011 and a Defence on 11th March, 2011 respectively by the Representative for the respondent in the Tribunal.

5

(5) A Notice of Hearing — Form J dated 15th January, 2015 listed the hearing for 16th and 17th February, 2015 and was sent in accordance with Rule 8(2) by the Secretary to the Tribunal to the applicant and the respondent.

6

(6) On the 10th February, 2015 the applicant communicated with the Tribunal and indicated that it was his intention to withdraw the claim from the Tribunal by filing the Form K document. However, to date the withdrawal has not been filed by the applicant in the Tribunal.

7

(7) Although the applicant and the respondent were properly served with Notice of Hearing, there was no appearance by either side at the time of the scheduled Tribunal Hearing at 10:00 am on the 16th or 17th February, 2015.

8

(8) A second Notice of Hearing — Form J dated 15th July, 2015 listed the matter for Call Over on the 6th August 2015. The applicant nor the respondent appeared on the second Notice of Hearing.

9

(9) In the circumstances therefore the Originating Application — Form A filed by the applicant dated rd March, 2011 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

...

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