On November 13, 2025, the Caribbean Court of Justice (CCJ) upheld a previous ruling by the Court of Appeal, declaring the summary dismissal of Merton Forde by Massy Stores (Barbados) Limited as unlawful. The case, identified as CCJ Appeal No. BBCV2025/001, centered on Forde’s abrupt termination after he admitted to taking ‘condemned rice,’ a company property. Summary dismissal, which involves no prior notice or severance pay, is typically reserved for severe misconduct. However, the CCJ found the dismissal excessive and unjustified. The Magistrate’s Court initially ruled in Forde’s favor, emphasizing a contextual approach that considered his employment history, the minor value of the stolen property, and the seriousness of the misconduct. The Court of Appeal agreed, and the CCJ, in a majority judgment authored by Justice Rajnauth-Lee, supported by Justices Jamadar, Ononaiwu, and Eboe-Osuji, affirmed this decision. The CCJ highlighted the need for Barbadian law to reflect contemporary social values, ensuring fairness, proportionality, and respect for workers’ rights. The Court also noted that the disciplinary procedures outlined in the employee handbook had not been followed, denying Forde a fair hearing. Justice Eboe-Osuji, in a separate opinion, emphasized the evolving nature of common law and the importance of reasonableness and fairness. Justice Barrow dissented, arguing that Forde’s dishonesty justified his dismissal. The full decision is available at www.ccj.org.
Caribbean Court of Justice dismisses appeal in wrongful termination case in Barbados
