The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

THE Court of Appeal has refused an application by the Bahamas Educators’ Counsellors and Allied Workers Union (BECAWU) to extend the time to appeal a Supreme Court decision in an ongoing dispute over union recognition.

The matter stems from judicial review proceedings brought by the Bahamas Union of Teachers (BUT), which is challenging a decision recognising BECAWU as a bargaining agent for certain teachers and educational professionals.

BECAWU had previously applied to dismiss the judicial review, arguing that BUT lacked the legal capacity to bring the case because it did not have a certificate of registration under the Industrial Relations Act.

That application was dismissed by Supreme Court Justice Carla Card-Stubbs. BECAWU then sought to appeal the ruling but missed the deadline and applied to the Court of Appeal for an extension of time.

In its decision, the Court of Appeal found that the proposed appeal had no realistic prospect of success and refused the application. The court rejected BECAWU’s argument that a certificate of registration was the only proof of a union’s legal status, noting that registration could be established by other evidence.

The judges relied on unchallenged affidavit evidence showing that BUT was registered as a trade union as far back as January 6, 1959, and had been recognised by the government since 1965.

The court also considered the Industrial Relations Act, which provides that unions registered under earlier laws are deemed to remain registered under the current legislation, even if certain procedural requirements were not later fulfilled.

Based on this, the court found that BUT continues to be a validly registered trade union and is entitled to bring the judicial review. As a result, the court concluded that BECAWU’s attempt to appeal would fail and there was no justification for granting an extension of time.

BECAWU was ordered to pay $10,000 in costs to BUT, as well as $5,000 to the Attorney General and the relevant government ministers.