Antigua and Barbuda Transport Board (Respondent) v Anderson Carty (Appellant) (Antigua and Barbuda)

Hearing listed

Case summary
Appeal

Case summary

Case ID

JCPC/2024/0039

Jurisdiction

Antigua and Barbuda

Parties

Appellant(s)

Anderson Carty

Respondent(s)

Antigua and Barbuda Transport Board

Issue

Did the Court of Appeal err in setting aside awards of exemplary damages and costs for an unfair dismissal that had been found to be “harsh and oppressive”?

Facts

The Appellant, Mr Carty, commenced employment with the Respondent, the Antigua and Barbuda Transport Board (the “Board”), in April 2006. In October 2014, a newspaper article was published in Antigua and Barbuda informing the general public that the Board had taken the decision to dismiss several of its managers including Mr Carty. No evidence has been adduced that the newspaper publication was at the behest of the Board. At the time of the newspaper article’s publishing, Mr Carty had been on approved vacation leave. Upon resuming work, Mr Carty received a letter dismissing him with immediate effect as a result of redundancy. At the time of his dismissal, Mr Carty was engaged as Operations Manager. Mr Carty filed a claim in the Industrial Court for unfair dismissal. The Industrial Court held that Mr Carty has been unfairly dismissed in circumstances that were “harsh and oppressive”, concluding that there was an absence of a genuine redundancy situation and that the Board had acted unreasonably when it dismissed Mr Carty. The Industrial Court awarded compensation under several heads of loss (totalling $89,695.39): (i) additional pay in lieu of notice ($7,300); (ii) loss of contractual emoluments ($52,525, which was inclusive of additional pay in lieu of notice); (iii) thrift fund entitlements ($2,370.39); (iv) exemplary damages ($25,000); and (v) costs ($2,500). The Board appealed the calculation of the awards. Mr Carty cross-appealed against the failure to also award compensation for loss of protection. The Court of Appeal allowed the appeal in part, reducing compensation by (i) removing the additional pay in lieu of notice, exemplary damages, thrift fund entitlements, and costs, and (ii) reducing the award for loss of contractual emoluments to $45,225 (so as to be exclusive of additional pay in lieu of notice). Instead, it awarded Mr Carty $2,500 for the manner of dismissal and $58,400 for loss of protection. Mr Carty now appeals to the Board in respect of the removal of the relevant heads of damage.