A former employee of Hadeed Motors Ltd. has sued the company in the High Court for unfair labour practices, including unfair dismissal and withholding money for services rendered.
The Company is now challenging the High Court’s jurisdiction, arguing that all unfair dismissal claims should be heard by the Industrial Court.
The Company argues that the Industrial Court specializes in employment disputes and “can and will dispose of the matter speedier than the High Court,” although providing no evidence for this assertion.
The employee, on the other hand, says there is nothing in the law barring an unfairly dismissed person from bringing a matter before the High Court.
The Employee argues that C60(1) of the Labour Code gives aggrieved employees the option of seeking recourse through the Department of Labour and onward to the Industrial Court or to seek alternative recourse such as the High Court.
We understand that this case is of significant importance in shaping the industrial relations landscape in Antigua and Barbuda.
The matter comes up for hearing next week.
