Byron (Respondent) v Eastern Caribbean Amalgamated Bank (Appellant) (Antigua and Barbuda)

Judgment given

Case summary
Judgment details
Appeal
Watch hearings
Change log

Case summary

Case ID

JCPC/2017/0089

Jurisdiction

Antigua and Barbuda

Parties

Appellant(s)

Eastern Caribbean Amalgamated Bank

Respondent(s)

Kenard Byron

Issue

Whether the Court of Appeal was correct to imply a term into a Purchase and Assumption Agreement between the Appellant and the Respondent’s former employer so that the Appellant was jointly and severally liable for the Appellant’s redundancy severance pay.

Facts

The Respondent was a banker. He commenced employment with the Bank of Antigua (‘BoA’) on 1 October 1992 as its Branch Manager. He ultimately rose to the position of Deputy Chairman of BoA. Following a run on the BoA the Eastern Caribbean Central bank intervened via a new entity named Eastern Caribbean Financial Company Limited and replaced BoA’s old management with new management on 20 February 2009. On the same day, BoA’s new General Manager told the Respondent that he was being made redundant. On 16 July 2010 the Respondent was incorporated. On 12 October 2010 the Appellant took over the banking business previously operated by BoA. This was done by means of a Purchase and Assumption Agreement. The Appellant bought certain assets and assumed the liabilities of BoA save those expressly excluded in the P&A Agreement. The Respondent contended that pursuant to the P&A Agreement the Appellant was liable to pay his severance redundancy pay.