The Industrial Court today heard an unfair dismissal claim brought by Philmore Beazer against the Barbuda Council, a matter that was filed in 2023. During the hearing, the Barbuda Council applied for an adjournment to allow additional time to file its defence.
The application was strongly opposed by Mr. Beazer, who is represented by Marshall & Co. Counsel for the employee argued that there was no evidence before the Court to justify the Council’s prolonged delay in responding to the claim. It was further contended that the Council had shown a flagrant disregard for the employee and the court by failing to comply with the timelines set out in the Industrial Court Rules.
In its ruling, the Court expressed clear dissatisfaction with the Council’s failure to file its defence within the prescribed period. The Court also noted that members of the public, the legal profession, and higher courts have repeatedly raised concerns about the inordinate delays in the resolution of matters before the Industrial Court, a situation the Court intends to rectify. Notwithstanding these concerns, the Court granted the Council an extension of time in the interests of justice and effective case management.
As a consequence of the delay, the Court ordered the Barbuda Council pay Mr. Beazer costs in the sum of $5,000. The Council was also directed to reimburse the employee for his airfare and accommodation expenses incurred as a result of travelling from Barbuda to Antigua to attend the hearing.
The $5,000 in costs is to be paid no later than January 30, while the reimbursement of travel and accommodation expenses must be made within seven days of Mr. Beazer providing proof of those expenses to the Council.
The matter is set to be listed in the upcoming roster and will proceed to trial where the matter will be fully ventilated, unless the parties agree to settle the matter among themselves.
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