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Privy Council Reinstates Damages for Former Transport Board Manager
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.
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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.
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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.
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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.
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Congrats to Mr. Carty on this victory for all working people. This wicked ALP government has no shame.
UPP candidate for Rural West??? Is he linked to any yardie woman? Hope not!
At the next parliamentary sitting there will be the Anderson Carty Amendment of the specific law.
Cutie will do the AnneMarie Martin amendment.
He has no difficulty killing any and everyone when they stand up for their rights.
This ruling is just another reason why I have no faith in our Supreme Court.
I will do all in can to remain with the Privy Council.
When you see how our judges are always so wrong it makes you wonder what law school they attended.
That a man with no legal training can interpret the laws better than our judges is a real indictment on our highest court.
I hope the court will deduct any money you are still owing for rent, the landlord had to take you to court to get you out, you piece of shit
Congrats to Mr. Carty! Now he can buy himself a good used car and have it licensed for the next five years! 👏🏽👏🏽👏🏽
I am so glad that I did not swallow the IGNORANCE some were speaking when I was fighting for us to keep the Privy Council as our final Appellant Court AT THIS TIME.
Very seldom have ‘our own’ given us SOCIAL JUSTICE.
In the words of some of those who tried to fool the masses, “THE WHITE MAN COURT HAVE DELIVERED SOCIAL JUSTICE ONE MORE TIME”.
I cannot see how I could support the C.C.J. as our final Appellant Court in my life time. It nar go happen.
Lmao 🤣 😂 😆 🤣 😂 😆 🤣 “good used car”
And can build himself a house instead of getting evicted like some people
Why is it thus hackass Faithful National #1 always keep braying about things he knows nothing g about just to be political, we know you are the the #1 Ass Kisser but take a break sometimes nah
Why is it this hackass Faithful National #1 always keep braying about things he knows nothing g about just to be political, we know you are the the #1 Ass Kisser but take a break sometimes nah
This just goes to show that actions do have consequences and that one just has to persevere despite the odds.
Imagine going on vacation and coming back to see you’re “redundant” in the papers. Disgraceful.
Nine years to get what he deserved, but still a victory. Shows why workers shouldn’t be afraid to fight back. ANTIGUANS!!!!!
THIS IS WHAT HAPPENED WHEN GOVERNMENT POLICY IS DICTATED FROM A RADIO STATION. DEAN JONAS WAS FIRED ON FACEBOOK, THE FORMER DIRECTOR OF WORKS WAS “FIRED” FROM A RADIO STATION….ON MORE THAN ONE OCCASION SENIOR PUBLIC HAVE THEIR TENTURE THREATNENED FROM A LOUD VOICE BOOMING FROM A RADIO STATION. TIME AFTER TIME THE NATION TUN IN ON SATURDAYS TO HEAR WHAT THE GOVERNMENT PLANS ARE…..DICTATED FROM A PRIVATE RADIO STATION….AWDRYT
THIS IS WHAT HAPPENED WHEN GOVERNMENT POLICY IS DICTATED FROM A RADIO STATION. DEAN JONAS WAS FIRED ON FACEBOOK, THE FORMER DIRECTOR OF WORKS WAS “FIRED” FROM A RADIO STATION….ON MORE THAN ONE OCCASION SENIOR PUBLIC SERVANTS HAVE THEIR TENTURE THREATNENED FROM A LOUD VOICE BOOMING FROM A RADIO STATION. TIME AFTER TIME THE NATION TUN IN ON SATURDAYS TO HEAR WHAT THE GOVERNMENT PLANS ARE…..DICTATED FROM A PRIVATE RADIO STATION….AWDRYT
I’m happy for Mr. Anderson Carty. I always admire his knowledge on the labour laws. He hss finally received the justice he so rightly deserves. Congratulations.
@BEEF is it a valid reason to hold on to the Privy Council because the Eastern Caribbean Court of Appeal sometimes get a decision wrong? We do not know if the Caribbean Court of Justice (CCJ) would have come to the same decision as the Privy Council if it was our final Appellate Court. Your reasoning is very flawed and for your information the Privy Council sometimes get it wrong and revisit their decision.
Tabor: If two persons make a drink with the SAME ingredients, do you think it will taste the SAME?
Asking for a friend.
“In 2014, following the June general elections in Antigua and Barbuda, the Antigua and Barbuda Transport Board (ABTB) was reconstituted with the Hon. Dean Jonas, MP, becoming the new Chairman, according to the Industrial Court of Antigua and Barbuda. The reconstitution of the Employer’s Board of Directors occurred in July 2014. Additionally, during this period, the ABTB faced scrutiny regarding the cost of its new headquarters and implemented staff reductions to control expenditures”
This is the result when a minister do things without the approval of Cabinet and the Treasury now will bear the consequences of this. Anyway. Transport Board has their own money.
Michael Browne was another one that proceeded court cases against Serpent and Giselle Isaac and lost and the Treasury has to bear the cost of that.
These guys didn’t learn that Cabinet carries collective responsibility and therefore every decision needs to be taken by Cabinet.
Lessons to be learned by the young ministers presently in Cabinet.
@ BEEF two people making a drink with the same ingredients does not necessarily mean that the taste will be similar. There are many variables that must be taken in account. For example, are the same proportions of the ingredients used by both people, are the ingredients added in the same sequence by both people, are the ingredients of the same quality. In the case of a drink made from fruits by two bartenders, the freshness of the fruits could be different. My brother there are so may variables to account for that my answer to you would be a BIG NO. The taste could vary. ARE YOU ASKING THE QUESTION FOR YOUR FRIEND DANE KNIGHT.
Spoken like a true lawyer.
That is why some of ‘them’ end up at 1735. They know a lot about ‘variables’.
As to the identity of my friend, my friend would not call you a ‘blue fly’.
Keep guessing my friend.
What is clear to see, the politicians while in government set a standard of enticing former judicial members upon retirement to personal private contract project, for example private inquiries into government matters that can pay them lucratively, so they use the tax payers dollars as a carrot that dangle in front of the present judicial system to create a certain outcome which will validate them in the Caribbean politicians good books for retirement contracts.
And clearly Mr carty relevance came about by the Hon. Baldwin Spencer administration UPP entrusted him to such lofty office that was the jealousy of the ALP upon coming to office recognizing the spencers empowerment of certain common man, when the ALP way is the mulatto Caucasian or syrians elitist club, they had to quash his position.
@Audley Dave Joseph (a.k.a. Beef)
So sad when I see black people do not trust their own. Born a nigger and die a nigger. Why do you think slavery was able to last for three hundred years? It’s because of people with your mindset. In hope the God you pray to and trust in isn’t Black. because the day you find out he is you will lose your faith. The CCJ is not made up of only Caribbean Judges, and certainly not only Black Judges. And yes our very own Sir Dennis Byron was one of the worlds finest legal luminary.
https://en.wikipedia.org/wiki/Dennis_Byron#:~:text=Sir%20Dennis%20Byron's%20judicial%20career,Crown%20Colonies%20of%20Great%20Britain.
Maybe you should build yourself some self esteem. And be proud to belong to the BLACK RACE. Blessed by God.
@Audley Dave Joseph (a.k.a. Beef) August 13, 2025 At 11:19 am
https://www.gov.kn/the-right-hon-denzil-l-douglas/
Do you know how the Privy Council Judges are chosen. And who sit on them. We have one of our own and politician sitting on it.
In November 2011 Dr Douglas was appointed to Her Majesty’s Privy Council, thus earning the prefixes. “Right Honourable” to his name.
This is just one example of the intellect of our very own people. In which you do not seem to have faith in.
@Charles Tabor August 13, 2025 At 2:10 pm
Charles Thank you for that respond to Beef. He really surprises me with that “flawed” response. The fact that we have three different courts to go to, indicates that the two lower courts may have gotten it wrong in the first place. But who said the last court has it right. It is just that it is the last court we can go to.
When the Barbuda Council took their case to the Privy Council and lost, they still hold on to their position that they own the land in common. Why is it that they still cannot accept the ruling of the Privy Council. Beef really disapoints me with his thinking. And the Caribbean has produced some of the finest legal luminaries. I’m hurt when our Black People look down when it comes to people of their own race, but look up to people of the Causcasion race. Yet we still want to talk about discrimination. in 1977 I traveled with my Gernman friend to Barbados as I wanted to show him my home. The caribbean. We arrived at night and not all the security of the resort saw me. You know in the morning when going to breakfast the security stopped me to say this is only for guests. My friend had the biggest laugh because I used to complain about being discriminated in Germany and now I come home and again I was discriminated against by my own people.
It tells yopu alot about our mindset. We are still in shackles.
@ Less We Forget I see we have something in common since I lived in Germany as well. I hope Beef gets his act together. Yes, many of us are still mentally enslaved.
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