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Trade Disputes Panel of Solomon Islands

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Elu v Solomon Islands Ports Authority [2012] SBTDP 11; UDF 51.11 (15 October 2012)

IN THE TRADE DISPUTES PANEL

SOLOMON ISLANDS


Case No. UDF 51/11


BETWEEN


Derrick Elu

Complainant


AND


Solomon Islands Ports Authority

Respondent


Panel:
1. Francis Cecil Luza
Chairman

2. Sika Manuopangai
Employer representative

3. Walter Tesuatai
Employee representative
Appearance:
Prelie Watts for the complainant
Respondent barred

Date of hearing: 21/3/12


Finding delivered: 15/10/12


FINDING


In considering its finding in this matter, the Panel finds that this complaint was lodged well out of time. The complainant was dismissed on 30/11/10 and he did not lodge the complaint until 8/6/11, some seven months later. Under section 6 (3) of the Unfair Dismissal Act, Cap 77, a complaint of unfair dismissal can only be lodged to the Panel within three months from the date of dismissal. This was obviously an error by the Panel that had resulted to the matter being registered.


Accordingly, the complainant is dismissed.


On behalf of the Panel


CHAIRMAN

TRADE DISPUTES PANEL


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