The Judicial Committee of the Privy Council has ruled in favour of former Antigua and Barbuda Transport Board operations manager Anderson Carty, overturning a Court of Appeal decision and reinstating an award of exemplary damages and costs made by the Industrial Court.

Mr Carty, who joined the Transport Board in 2006, was serving as operations manager under a three-year contract when he was dismissed in October 2014 while on approved vacation leave.

The Industrial Court found that his termination — announced in the media before he was officially notified — was not a genuine redundancy, and described the circumstances as “harsh and oppressive”.

The court cited a lack of consultation, denial of access to personal belongings, and the deduction of an outstanding loan balance from his final payment without agreement.

In 2020, the Industrial Court awarded him compensation under several heads, including $25,000 in exemplary damages and $2,500 in costs.

The Transport Board did not contest the finding of unfair dismissal on appeal but successfully argued before the Court of Appeal that the conduct did not meet the threshold for exemplary damages.

The appellate court also removed the costs order, ruling there were no exceptional reasons to depart from the general rule against costs.

In its 13 August 2025 judgment, the Privy Council rejected the Court of Appeal’s reasoning, finding that the Industrial Court Act expressly empowers the Industrial Court to award exemplary damages where a dismissal is harsh and oppressive or contrary to good industrial relations practice.

It ruled there was no need to impose additional requirements, such as proving the conduct was “oppressive, arbitrary or unconstitutional”, as the Court of Appeal had done.

The Board also concluded that the Court of Appeal lacked jurisdiction to interfere with the Industrial Court’s findings on exemplary damages and costs, given statutory provisions limiting appeals.

It said those findings were final and could not be challenged unless specific grounds under the Act were met — which they were not.

As a result, the Privy Council advised that the appeal be allowed and the Industrial Court’s awards of $25,000 in exemplary damages and $2,500 in costs be reinstated.