The Court of Appeal has overturned an Industrial Court ruling that ordered Digicel to pay EC$176,500 to former employee Karl Skepple, finding the company was denied a fair hearing.

In a judgment delivered on 19 May, the appeal court set aside the Industrial Court’s September 2023 decision and ordered the matter to be reheard before a differently constituted tribunal.

Skepple filed an unfair dismissal claim in 2016 after he was dismissed by Digicel in August 2015 over allegations that he made inappropriate sexual advances toward a colleague. Following a disciplinary hearing, the company said it accepted the allegations and terminated his employment.

The Industrial Court later ruled in Skepple’s favour after proceeding with the hearing in the absence of Digicel’s attorney and any company representative. The court awarded compensation totalling EC$176,500, including damages for lost earnings and unfair dismissal.

Digicel appealed, arguing that the tribunal breached its constitutional right to a fair hearing after refusing a request for an adjournment. The company’s attorney had cited scheduling conflicts in the High Court and said he was given only five clear days’ notice of the hearing.

The Court of Appeal found the Industrial Court failed to properly consider the reasons for the adjournment request and focused instead on whether opposing counsel consented to it.

While the appeal court criticised Digicel for repeatedly failing to file witness statements, it said those shortcomings did not remove the company’s right to cross-examine witnesses or make legal submissions.

“The right to legal representation and the right to be heard are fundamental entitlements,” the judgment stated.

The matter has now been sent back to the Industrial Court for a new hearing.