Timothy Moore (Appellant) v Bahamas Electricity Corporation (Respondent) (Bahamas)

Case summary

Case ID

JCPC/2026/0036

Jurisdiction

Bahamas

Parties

Appellant(s)

Timothy Moore

Respondent(s)

Bahamas Electricity Corporation

Issue

Did the Supreme Court and the Court of Appeal err in its assessment of damages? Does Article 11.2 of the Industrial Agreement confer greater rights or benefits than section 29 of the Employment Act 2001?

Facts

Timothy Moore is a former employee of Bahamas Electricity Corporation. He had been employed for more than 23 years. He held a senior managerial position when his employment was terminated on 18 July 2003. The terms of his employment were governed by the Industrial Agreement between Bahamas Electricity Utility Managerial Union and Bahamas Electricity Corporation. The trial judge awarded Mr Moore damages for wrongful dismissal and gratuity. She assessed damages by applying the statutory formula under section 29 of the Employment Act 2001 (“the Act”) which entitled Mr Moore to 48 weeks’ basic pay plus one month in lieu of notice. She also found that Mr Moore’s employment contract was not a fixed-term contract and that he did not qualify for pension benefits. Mr Moore was dissatisfied with the trial judge’s assessment of damages and appealed to the Court of Appeal. He argued that he was entitled to greater rights or benefits under the Industrial Agreement including the right to be rehired and compensated for any working days lost. The Court of Appeal dismissed his appeal. Mr Moore now appeals to the Judicial Committee of the Privy Council.

Date of issue

11 May 2026

Case origin

Appeal As of Right

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