The Industrial Tribunal of
the Commonwealth of The Bahamas

Rules

 

The rules governing the Tribunal and its operations

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The trade dispute process from department of labour to the Industrial Tribunal

The Industrial Relations (Tribunal Procedure) Rules 2010 contains rules on how cases are handled in The Tribunal, from starting a claim to what happens at a hearing.

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The Trade Dispute Process

Trade Dispute Filed
  • Section 68 of the Industrial Relations Act, Chapter 321 is applicable for Trade Dispute Procedures
  • Applicant reports Trade Dispute to the Department of Labour within 12 months of the date it first arose
  • Matter proceeds to a conciliation process between the Applicant and Respondent within the Department of Labour
No Settlement Agreed
  • Section 72 or 73 of the Industrial Relations Act, Chapter 321 is applicable when no settlement is agreed during the conciliation process at the Department of Labour
  • A request is made to the Minister for a Trade Dispute to be referred to the Industrial Tribunal
  • The Minister may issue a Certificate of Referral of a Trade Dispute to the Tribunal if in his opinion the public interest so requires
Certificate of Referral
  • Rule 3 of the Industrial Relations (Tribunal Procedure) Rules 2010 is applicable once the Certificate of Referral has been issued to the Tribunal by the Department of Labour
  • On receipt of the Certificate of Referral the Tribunal issues the Originating Application (Form A) to the Applicant to complete and file in the Tribunal’s registry
  • On receipt of the completed Form A from the Applicant the matter is properly commenced within the Tribunal and all other Forms are filed in accordance with the Tribunal Rules
Tribunal Hearing
  • Provided all the relevant documents have been filed by the Applicant and Respondent Rule 8 of the Industrial Relations (Tribunal Procedure) Rules 2010 is applicable to allow the Judge to instruct the Secretary to fix the date, time and place of hearing of the Originating Application
  • The Secretary shall send the Notice of Hearing to every party not less than 14 days before the date is fixed.