The Appeal Court has refused an application for a judicial review of an Industrial Disputes Tribunal (IDT) ruling that upheld the dismissal of Paul Thompson from his job as vice-president for academic and student affairs at University College of the Caribbean (UCC) almost four years ago.

The unanimous ruling was handed down on April 3 by justices Hilary Phillips, Jennifer Straw, and David Fraser after listening to arguments presented July 29 and 31, 2019 by attorney Hugh Wildman, who had represented Thompson; Carla Thomas and Taniesha Rowe-Coke, who appeared for the IDT; and Adrian Cotterell for the UCC.

Outlining the background of the appeal, Justice Fraser, noted that Thompson had served in the post from September 1, 2015 until his dismissal by letter dated August 8, 2016, which took immediate effect.

“His dismissal was the penalty imposed after he was charged and found guilty by the UCC of gross misconduct, divulging information to a non-staff member, breach of the confidentiality clause of his contract, and failure to live up to his responsibilities as vice-president,” Justice Fraser pointed out.

Having unsuccessfully appealed the dismissal within the UCC grievance structure, Thompson sought the intervention of the Ministry of Labour and Social Security. This led to the relevant minister referring the matter to the IDT pursuant to section 11A(1)(a)(i) of the Labour Relations and Industrial Disputes Act.

Following a hearing spanning eight sittings between August 19, 2016 and December 5, 2017, the IDT handed down its award on June 8, 2018 upholding the decision of the UCC.

By notice of application filed on August 14, 2018, Thompson sought leave to apply for judicial review of the IDT ruling before the Supreme Court, seeking certain declarations, an order of certiorari to quash the decision of the tribunal affirming the UCC’s decision, and a stay of the decision of the IDT.

Justice Marcia Dunbar Green, who had heard Thompson’s arguments, denied his appeal in a decision handed down on December 19, 2018. However, she granted him leave to appeal her decision.

On January 3, 2019, Thompson filed a notice of appeal on two grounds:

First, that the trial judge erred in law in holding that he was given a hearing by the UCC; and second, that the IDT committed jurisdictional error in failing to appreciate that he was denied a hearing by the UCC before the decision was taken to terminate his employment.

But Thompson’s notice of appeal was filed out of time, therefore, on February 22, 2019, he filed a notice of application for leave to extend time to appeal, seeking orders that the time granted to him to file his appeal be extended and that the appeal filed be deemed as filed within time.

“The main issue raised in this application is whether the court should extend the time for the filing of the appeal to January 3, 2019, the date of filing, it being common ground that the applicant’s notice of appeal was filed one day late,” Justice Fraser wrote.

The court ruled that the appeal filed on January 3, 2019 was invalid and that the judgment of Justice Dunbar-Green upholding the IDT award “remains in effect”.

Justice Fraser also made “no order as to costs”, and at the same time extended “sincere apologies to the parties and counsel for the delay in the delivery of this judgment”.