NASSAU, BAHAMAS — Chief Justice Ian Winder announced yesterday that individuals who prevail in cases before the Industrial Tribunal will soon have the opportunity to apply for the seamless recognition of their judgments as official judgments of the Supreme Court, addressing a longstanding challenge related to the enforcement of Industrial Tribunal decisions.
While addressing the opening of the Industrial Tribunal’s legal year, Chief Justice Winder stated: “I am aware that there is a push for the Tribunal to reform and correct some of the accepted deficiencies in its existing structure. One of those structural defects lies in the enforcement mechanisms that require litigants to obtain leave of the Supreme Court to have their judgments enforced.”
He continued: “In the interim, while the Tribunal seeks to reshape itself, I will take advantage of the ability in the new civil procedure rules for the court to be nimble in responding to the needs of our stakeholders.”
Winder noted that the Industrial Tribunal Enforcement of Judgment Rules 2023 are currently before the Supreme Court rules committee.
“These rules will permit a successful litigant in a matter before the Tribunal to make an application in a prescribed form which is provided in the rules and will permit his Tribunal judgment to be seamlessly recognized as a judgment of the Supreme Court. The application will be heard without a formal hearing by a Registrar and once all of the boxes are ticked, leave will be granted to the judgment creditor.
“It would then be up to the unsuccessful party to try and have that leave set aside on very limited grounds. It is hoped that this would provide some relief while the Industrial Tribunal reforms take place,” said Winder.
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