Morris v West Bay Management (t/a Sandals Royal Bahamian Hotel)

• Jurisdiction: Bahamas
• Judge: Demeritte-Francis, P.
• Judgment Date: 08 July 2016
• Court: Industrial Court (Bahamas)
• Docket Number: IT/NES/1591/2011
• Date: 08 July 2016

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1591/2011

Morris

and

West Bay Management (t/a Sandals Royal Bahamian Hotel)

Appearances:

No Appearance on behalf of the applicant.

No Appearance on behalf of the respondent.

Employment Law - Industrial dispute — Tribunal procedure — No appearance on behalf of applicant or respondent — 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 15th February, 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's address provided on the Trade Dispute, on 29th March, 2011.

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...