Camla James Morrison (Appellant) v Sutherland Global Services Jamaica PLC Limited (Respondent)

Case summary

Case ID

JCPC/2025/0035

Jurisdiction

Jamaica

Parties

Appellant(s)

Camla James Morrison

Respondent(s)

Sutherland Global Services Jamaica PLC Limited

Issue

(1) Whether there is any conflict between the procedure in section 22 of the Labour Relations Code and the right to due process guaranteed by section 16 of the Jamaican Constitution. (2) Whether an appeal can lie to the Privy Council from a refusal of an application seeking leave to appeal.

Facts

The Appellant is a former employee of the Respondent. After the Appellant developed medical issues which prevented her from going into the office, the Respondent requested that she be medically examined by the Respondent’s medical personnel in accordance with the protocol set out in Respondent’s handbook. The Appellant repeatedly refused this request and was subject to disciplinary proceedings. An internal disciplinary hearing was convened on 30 November 2021. The disciplinary tribunal ruled against the Appellant. The Appellant appealed the tribunal’s decision and was subsequently informed that the appeal would be presided over by three people. The Appellant alleged that two of the appeal panel members were employed by the Respondent, and that because of this, she would not get a fair trial by an impartial and independent tribunal, as guaranteed by the Jamaican Constitution. On 20 April 2022, she issued proceedings in the Supreme Court of Judicature of Jamaica, arguing that the two panel members should be disqualified from participating in the appeal hearing on the basis of apparent bias. The Respondent applied to strike out the claim on the basis that it was an abuse of process. On 19 September 2023, the Supreme Court struck out the claim and refused to grant the Appellant permission to appeal that decision. The Appellant subsequently sought leave from the Court of Appeal and on 1 March 2024, the Court of Appeal denied her application for permission to appeal to the Court of Appeal. Thereafter, the Appellant applied to the Court of Appeal for leave to appeal to the Privy Council. That application was also denied. The Appellant now applies directly to the Privy Council seeking special leave to appeal.

Date of issue

6 May 2025

Case origin

PTA

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