Wallace v Comfort Zone

JurisdictionBahamas
CourtIndustrial Court
JudgeDemeritte-Francis, P.
Judgment Date05 Oct 2015
Docket NumberIT/NES/901/05

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/901/05

Wallace
and
Comfort Zone
Appearances:

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

(1) By Certificate of Referral dated 19th August, 2005 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 on 5 September, 2005 to the address provided to the Tribunal by the applicant in her Trade Dispute.

3

(3) The Notice for Originating Application — Form A was then re-issued by the Tribunal on 9 May, 2006 and was collected by hand by the applicant's Representative as noted in the Trade Dispute on the same day.

4

(4) 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.

5

(5) 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.”

6

(6) It is clear that it is mandatory for the applicant to file within fourteen days the Originating Application in the Industrial Tribunal Registry.

7

(7) The applicant having been properly served in this matter has not filed an Originating Application in accordance with Rule 3(1) of the Industrial Relations (Tribunal Procedure) Rules, 2010.

8

(8) By letter dated 6 October, 2006 the Secretary to the Tribunal made another attempt to notify the applicant of the outstanding matter and wrote to the applicant requesting that the applicant's Representative forward to the Industrial Tribunal the Originating Application on or before 20 October, 2006.

9

(9) To date there has been no attempt to communicate or follow up made by the applicant or the applicant's Representative with the Industrial Tribunal concerning her pending Trade Dispute before the Tribunal.

10

(10)...

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