Small v Hill York

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, P.
Judgment Date06 Aug 2015
Docket NumberIT/NES/1885/2013

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1885/2013

Small
and
Hill York
Appearances:

Mr. Errol McKinney the Representative for applicant.

Mrs. Christina Galanos for respondent.

Employment Law - Industrial dispute — Tribunal procedure — Extension of time — Whether time ought to be extended to allow applicant to file originating application out of time.

Demeritte-Francis, P.
ORDER FOR EXTENSION OF TIME
WHEREAS:
1

) By Certificate of Referral dated 30th September, 2013 the Minister referred the Trade Dispute to the Industrial Tribunal; and

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 12th November, 2013 to the postal address provided in the Trade Dispute Report dated on 10th June, 2013; and

3

) By Notice of Hearing dated 15th July 2015 the matter was set down for Hearing as a Call Over on 6th August 2015 as no Originating Application had been filed by the applicant in this matter.

4

) The Representative for the applicant submitted that the applicant had not received service of a Notice for an Originating Application - (Form A).

5

) On the 6th August, 2015 the fixture for the hearing was treated by the Industrial Tribunal as a Directions hearing pursuant to Section 58(1)(b) of the Industrial Relations Act, Chapter 321; and

6

) At the Directions hearing on 6th August, 2015 the Representative for the applicant made a request to the Tribunal pursuant to Rule 14(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010 for an Extension of Time within which to file the Originating Application in this matter and Counsel for the respondent had no objection to the request made by the applicant's Representative.

7

) IT IS HEREBY ORDERED by consent of the parties that pursuant to Rule 14(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010 that time is extended to allow the Representative for the applicant to file the Originating Application out of time in this matter on or before the 10th August, 2015 at the Industrial Tribunal.

AND THIS IS THE ORDER OF THIS TRIBUNAL

Indira Demeritte-Francis

President

The Industrial Tribunal

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