The Public Managers Union v the National Insurance Board

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

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

6 (6) Therefore, it is the view of this Tribunal that the applicant has not filed an Originating Application in accordance with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010 and has also been properly served in this matter.

7 (7) A Notice of Hearing — Form J dated 11th August, 2015 listed the matter for a Call Over on the 26th October and 27th October, 2015 and was sent in accordance with Rule 8(2) by the Tribunal to the applicant and the respondent by personal service and signed for receipt thereof.

8 (8) Counsel for the respondent appeared at the Hearing 26th October, 2015 and submitted that there had been no appearance for or by the applicant in this matter and that the matter be dismissed pursuant to section 58(1)d of the Industrial Relations Act, Chapter 321.

9 (9) In...