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

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, P.
Judgment Date08 Jul 2016
Docket NumberIT/NES/1591/2011

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 mandatory for the applicant to file within fourteen days the Originating Application in the Industrial Tribunal Registry.

6

(6) The evidence before the Tribunal revealed that the applicant did not file an Originating Application in accordance with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010 having been properly served in this matter.

7

(7) The applicant was therefore not in compliance with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010.

8

(8) In addition, to date the applicant has made no attempt to communicate or follow up with the Industrial Tribunal concerning his pending Trade Dispute before the Tribunal.

9

(9) Therefore, the matter was set for Call Over on the 8th July, 2016 and Notice for the said hearing was Gazetted in the Tribune Newspaper on the 27th June, 2016.

10

(10) At the hearing there was no appearance for or on behalf of the applicant or respondent...

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