The Antigua and Barbuda Workers Union (ABWU) has filed an appeal in the Court of Appeal, challenging an Industrial Court ruling that found a hotel employee had abandoned his job rather than being unlawfully dismissed.
According to Antigua News Room, the appeal — Akeele Thomas v Carlisle Bay Resort — stems from a February 6, 2026, decision in which the Industrial Court dismissed the employee's unfair dismissal claim, concluding that no termination of employment had occurred and that the employee had instead abandoned his position.
In its Notice of Appeal, the ABWU argues that the Court erred in law by finding no dismissal and determining that job abandonment had occurred without proof of an unequivocal intention by the employee to relinquish his post.
The union also challenges the Court's treatment of the burden of proof, contending that it was wrongly placed on the employee. The ABWU further argues that insufficient consideration was given to the employer's conduct — specifically, the employee's removal from the work roster and the absence of any further communication from management.
Additionally, the union contends that the Court failed to assess whether the employer took reasonable steps before concluding abandonment had taken place. The ABWU also argues the Court erred in refusing to examine the question of constructive dismissal, despite the issue arising from the evidence presented.
The union is now seeking to have the decision set aside and the matter reheard before a different panel of the Industrial Court.
The appeal follows concerns that the original ruling could undermine worker protections in the country. The outcome is expected to carry significant implications for how job abandonment and dismissal cases are treated across Antigua and Barbuda.
