The Public Managers Union v the National Insurance Board

• Jurisdiction: Bahamas
• Judge: Thompson, V.P.
• Judgment Date: 26 October 2015
• Court: Industrial Court (Bahamas)
• Docket Number: IT/NES/139/10
• Date: 26 October 2015

Industrial Tribunal

Thompson, V.P.

IT/NES/139/10

the Public Managers Union

and

the National Insurance Board

Appearances:

No Appearance by or on behalf of applicant.

Mr. Rawson McDonald on behalf of the respondent.

Employment Law - Industrial dispute — Tribunal Procedure — No appearance on behalf of applicant — Whether originating application filed in accordance with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules — Matter dismissed.

Thompson, V.P.

1 (1) By Certificate of Referral dated 15th September, 2010 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 Acting Secretary to the Tribunal to the applicant on 8th November, 2010 to the address provided to the Tribunal.

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...