Caribbean Court of Justice dismisses appeal in wrongful termination case in Barbados

On Thursday, November 13, 2025, the Caribbean Court of Justice (CCJ) affirmed the decision of the Court of Appeal, which found that the dismissal of Merton Forde by Massy Stores (Barbados) Limited, formerly known as Super Centre Limited, was unlawful. A CCJ release explained that this case, identified as CCJ Appeal No. BBCV2025/001, involved the Appellant, Massy Stores, dismissing Mr. Forde abruptly after he confessed to unlawfully taking the company’s property, specifically ‘condemned rice.’ Such a summary dismissal means the employee receives no prior notice or pay in lieu thereof, and is typically reserved for severe misconduct.

Initially, according to the CCJ report, the case was heard at the Magistrate’s Court, where the Magistrate ruled that the summary dismissal was excessive and unjustified. The Court of Appeal concurred, highlighting that the Magistrate correctly employed a contextual approach—assessing Mr. Forde’s actions within the broader scope of his employment history. The Court considered various factors, including the minor value of the stolen property, the employee’s length of service, his overall record at the company, and the seriousness of the misconduct.

As per the release, on appeal, the CCJ, in a judgment authored by Justice Rajnauth-Lee and supported by Justices Jamadar, Ononaiwu, and Eboe-Osuji, also found in favor of Mr. Forde, ruling that his dismissal was wrongful. The majority emphasized that the Magistrate’s and Court of Appeal’s use of a contextual approach—considering all relevant circumstances—aligns with longstanding Barbadian legal principles. The CCJ further noted that the law governing summary dismissals must adapt to reflect contemporary social values in Barbados and uphold constitutional standards of equality, proportionality, and fairness. It underscored the importance of respecting workers’ dignity and safeguarding their rights.

Additionally, it is reported that the CCJ determined that the employee handbook from BS&T had been incorporated into the employment contract. However, the disciplinary procedures outlined in that handbook had not been adhered to. The Court stressed that Mr. Forde was entitled to a fair hearing and outlined essential fairness standards that should be implicitly included in the disciplinary process.

Justice Eboe-Osuji reportedly expressed a separate opinion, fully agreeing with the majority judgment. He highlighted that the common law is continually evolving, and it is appropriate for Barbadian law—developed by local appellate courts—to reflect considerations of reasonableness and fairness.

Conversely, Justice Barrow dissented, arguing that the evidence did not support the factors considered by the lower courts and that Mr. Forde’s dishonest conduct was sufficiently serious to justify his dismissal, which, in his view, was not wrongful.

The case was heard before Justices Rajnauth-Lee, Barrow, Jamadar, Ononaiwu, and Eboe-Osuji. Mr. Michael Koeiman represented the Appellant, while Mr. Tariq Khan appeared for the Respondent.

The full decision from the CCJ is accessible at www.ccj.org.