Skip to main content

Nevis High Court Rules in Favor of Wrongfully Dismissed Employee, Awards $17,000 in Damages


Overview:

In a landmark decision, a High Court Judge in Nevis has ordered an employer to compensate an employee, Shawn Kissoon, with nearly EC$17,000 for wrongful dismissal. The ruling, delivered on January 13, 2022, sets a significant precedent for workplace justice and protection of employees' rights.

Background:

In September 2010, Shawn Kissoon commenced his employment with Select Enterprises. However, in a sudden turn of events on April 7, 2019, he was suspended indefinitely pending an investigation. Shockingly, the outcome of the investigation was never communicated to Kissoon, and he was not formally charged. Instead, on April 17, 2019, he received a dismissal letter citing gross misconduct from Select Services' attorney. Notably, the letter failed to specify the nature of the alleged misconduct.

Court Proceedings:

The case reached its culmination on October 4, 2021, when the trial took place before Justice Moise. During the trial, the dismissal letter, which lacked details on Kissoon's alleged misconduct, was presented as evidence. Following a meticulous examination of the evidence, Justice Moise concluded that Kissoon had successfully substantiated his case. Consequently, the court ruled in favor of Kissoon on January 13, 2022.

Judgment and Compensation:

Justice Moise's ruling determined that Select Services must make the following payments:

  • A lump sum of $16,756.00EC, representing three months' notice pay and the salary owed to Kissoon during the suspension period.
  • Interest at the statutory rate from the date of the judgment.
  • Prescribed costs totaling $2,513.40 in accordance with the provisions of the CPR 2000.

Implications:

The court's decision serves as a beacon of hope for individuals facing unfair treatment in the workplace. It underscores the importance of due process and transparent communication in employment matters, offering relief to those who may find themselves in similar circumstances. The case sets a precedent for employers to adhere to proper procedures when dealing with employee dismissals, preventing arbitrary actions that infringe on employees' rights.*

This ruling reinforces the commitment to workplace justice and emphasizes the legal consequences for employers who fail to uphold fair employment practices. As the verdict becomes widely known, it is expected to empower employees in Nevis to assert their rights and seek legal recourse when faced with unjust dismissals.

Comments

Post a Comment

Popular posts from this blog

Employee Goes Berserk and Explodes at the Rubis Coverley Service Station Pump in Barbados: Was This a Preventable Workplace Breakdown?

Image
A Workplace Commentary on the Rubis Coverley Incident By  Peter MacD Earle BSc, LLM, Employment Law Consultant On Friday, May 17, 2025, Barbadians awoke to disturbing news involving the aftermath of a workplace conflict that escalated dramatically. Daniel Arnold Vincent Belle, 38, a former employee of the Rubis Coverley gas station in Christ Church, appeared in the District “B” Magistrates’ Court and admitted to causing extensive damage to the station—an estimated $7,000 worth—just days after his dismissal from the company. The incident involved the smashing of a glass door, breaking two windows, damaging a display unit, and tearing off seven fuel pump nozzles. Surveillance footage led to Belle’s arrest in Oistins. While this act of destruction was clearly criminal, the context in which it occurred raises serious concerns about workplace conflict, employer responsibilities, and the role of mental health in employment relations. . Let me be clear from the outset: I do not have any a...
Read more

Barbados' Minimum Wage Time Bomb: Are Businesses Being Set Up to Fail?

Image
   Peter MacD Earle BSc, LLM Employment Law Leicester De Montfort Law School Effective June 1, 2025, Barbados will implement a new minimum wage of $420 per week, a 23.5% increase from the current $340. In addition, legislation proposes an automatic 2% annual wage increase starting in January 2026. But beneath this progressive façade lies a stark, structural truth: Barbados has neither the machinery to enforce the law nor the political will to protect the most vulnerable. While this policy signals social justice on paper, in practice it could collapse under its own contradictions—and set workers, employers, and the economy up for failure. ________________________________________ The Illusion of Legal Protection While the government trumpets the wage hike as a win for working-class families, Barbados remains woefully unequipped to enforce the new standard. Consider: • Thousands of workers never received the current $340 minimum wage. • Many will not receive the new $420 rate...
Read more

Former BWA Boss in Barbados Fired from WASA After $13.4M Plan Collapses

Image
  By Peter MacD Earle BSc. LLM | Employment Law Consultant | June 2025 From BWA to WASA: The Rise and Fall of Keithroy Halliday St. Kitts-born Keithroy Halliday was appointed General Manager of the Barbados Water Authority (BWA) on February 15, 2017, bringing a strong track record in strategic leadership and regional public sector reform. Over the next seven years, he would become a defining figure in the BWA’s modernization efforts—managing national emergencies such as the South Coast sewage crisis and spearheading an island-wide mains replacement initiative. By 2020, Halliday had risen to Acting Chief Executive Officer, a role he held during a period of deep organizational restructuring. His resignation in August 2024 marked the end of a significant chapter in the BWA’s evolution—and the beginning of a controversial new role abroad as CEO of Trinidad and Tobago’s Water and Sewerage Authority (WASA), from which he would be abruptly dismissed less than a year later amid sweeping po...
Read more