Watkins v “Texaco Shirley Street Service Station” (legal Person Not Established)

JurisdictionBahamas
CourtIndustrial Court
JudgeLockhart, P.
Judgment Date09 Feb 2015
Docket Number1502 of 2010

Industrial Tribunal

Lockhart, P.

1502 of 2010

Watkins
and
“Texaco Shirley Street Service Station” (legal Person Not Established)
Appearances:

No appearance by or on behalf of applicant.

(Representative of record for the applicant — Mr. Errol McKinney).

Representative for the putative respondent — Dr. ThomasBastian.

Employment Law - Industrial dispute — Tribunal procedure — Want of prosecution — No appearance on behalf of applicant — Application struck out.

Lockhart, P.
WHEREAS:
1

By letter to the Secretary (Acting) of the Industrial Tribunal dated 27th ultimo the Representative for the applicant advised as follows:

“I write as per the above captioned matter that is set down for hearing in Court#1 in front of the President of the Tribunal on Monday February 9th and Tuesday February 10th 2015.

Unfortunately, I am unable to locate my client, after an extensive search. The information I have received is that she is no longer living at the address that I have on file and the telephone numbers are out of order. Therefore I am requesting an adjournment for the dates in question.

I have retained an investigator in order to carry out a search and as soon as I have any further information I will advise you accordingly.

We thank you in advance for your usual cooperation.

Sincerely,

E&M Associates

Errol J. McKinney”

2

The Tribunal convened the Hearing of this matter as scheduled on 9th instant and the Representative of the applicant did not appear;

3

Rule 18 of the Industrial Relations (Tribunal Procedure) Rules, 2010 inter alia provides:

“(1) Any notice given under these Rules shall be in writing-and a notice or document sent or given to the authorized representative of a party shall be deemed to have been sent or given to that party.”

4

Rule 18(4) of the said Rules provides:

“(4) A party may at any time by Notice to the Secretary in Form P in the Schedule and to the other party or parties change the address to which notices and documents are to be sent to him.”

5

The Secretary was never advised by the applicant of any change of address pursuant to the said Rule 18(4) and for that matter neither was any other officer of the Tribunal so advised;

6

Clearly, and a fortiori, it was the obligation of the applicant to advise her Representative of any change of address, or alternatively, to personally advise the Tribunal thereof and as to how she might be contacted;

7

In any event neither did the...

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