Wilson v Luxury Retail Ltd

• Jurisdiction: Bahamas
• Court: Industrial Court
• Judge: Demeritte-Francis, P.
• Judgment Date: 07 Oct 2015
• Docket Number: IT/NES/1661/11

Industrial Tribunal

Demeritte-Francis, P.

IT/NES/1661/11

Wilson

and

Luxury Retail Ltd.

Appearances:

No appearance on behalf of applicant.

Ms. Catherine Delaney on behalf of respondent.

Employment Law - Industrial dispute — Tribunal Procedure — No appearance on behalf of applicant — Application struck out for want of prosecution.

Demeritte-Francis, P.

WHEREAS:

1 (1) By Certificate of Referral dated 12th October, 2011 the Minister referred the subject dispute to the Industrial Tribunal; and

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 5th January, 2012 to the registered postal address provided to the Tribunal; and

3 (3) Upon receipt by the applicant of the Notice for an Originating Application the applicant filed an Originating Application in the Tribunal on 19th January, 2012; and

4 (4) A Notice of Appearance — Form D was filed on 23rd February, 2012 and a Defence on 23rd March, 2012 respectively by Counsel for the respondent in the Tribunal; and

5 (5) A Notice of Hearing — Form J dated 18th August, 2015 listed the hearing for 7th October and 8th October, 2015 and was sent in accordance with Rule 8(2) by the Secretary to the Tribunal to the applicant and the respondent; and

6 (6) The applicant and the respondent were properly served with the Notice of Hearing Form J; and

7 (7) On the morning of the hearing on the 7th October, 2015 there was no appearance for the applicant nor did the applicant in person appear at the hearing.

8 (8) Counsel for the respondent did appear at the hearing and indicated to the Tribunal that they were ready and willing to proceed and also indicated to the Tribunal that the respondent made a payment to the applicant on the 23rd October, 2010 by cheque in the amount of four hundred and fifty eight dollars and thirty- nine cent ($458.39) as the amount which was outstanding and due; and

9 (9) Counsel for the respondent at the hearing submitted that having regard to the fact that there is no appearance by the applicant and that there has been no communication by the applicant to date, relative to the matter before the Tribunal and that they were ready and willing to proceed, that the matter be struck out and dismissed; and

10 (10) IT IS HEREBY ORDERED that pursuant to Rule 12(1)(f) of the...