Munroe v Everlast Productions

JudgeDemeritte-Francis, P.
Judgment Date18 November 2015
Docket NumberIT/NES/1248/08
CourtIndustrial Court (Bahamas)
Date18 November 2015

Industrial Tribunal

Demeritte-Francis, P.


Everlast Productions

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 — Matter dismissed.

Demeritte-Francis, P.

(1) By Certificate of Referral dated 9th October, 2008 the Minister referred the subject dispute to the Industrial Tribunal.


(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 31st October, 2008 to the address provided to the Tribunal.


(3) Upon receipt by the applicant of the Notice for an Originating Application, the applicant filed an Originating Application in the Industrial Tribunal dated 6thth November, 2008.


(4) A Notice of Appearance (Form D) and a Notice for the Defence (Form E) pursuant to the Tribunal Procedure Rules was forwarded by the Tribunal to the respondent on 6th November 2008, 8th May, 2009 and 14th May, 2010.


(5) In accordance with Rule 8(2) the Secretary to the Tribunal issued a Notice of Hearing (Form J) dated 13th October, 2015 and served the Form 1 on the applicant's Attorney and served the respondent by registered post. The matter was listed for hearing on the 18th and 19th November, 2015.


(6) On the 21st October, 2015 the applicant's Attorney by letter dated 21st October, 2015 advised the Tribunal that he was unable to reach the applicant and therefore had not received any further instructions in the matter. He further advised that in the circumstances he was unable to appear as Counsel on behalf of the applicant at the hearing.


(7) Upon receipt of this letter the Tribunal personally served the applicant by registered post on the 29th October, 2015.


(8) At the hearing on the 18th November, 2015 the matter was called and there was no appearance for or on behalf of the applicant or respondent.


(9) In addition, there has been no attempt by the applicant to communicate with the Tribunal to date concerning the matter before the Tribunal.


(10) Having regard to the above-mentioned facts, it is the view of the Tribunal that the matter be dismissed.


(11) In the circumstances therefore pursuant to Section 58(1)d of the Industrial Relations Act, Chapter...

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