Tricia Brown (Appellant) v The National Commission For Self Help Limited (Respondent) (Trinidad and Tobago)

Case summary

Case ID

JCPC/2026/0081

Jurisdiction

Trinidad and Tobago

Parties

Appellant(s)

TRICIA BROWN

Respondent(s)

THE NATIONAL COMMISSION FOR SELF-HELP LIMITED

Issue

(1) Whether an employer may lawfully summarily dismiss an employee for gross or serious misconduct where the tribunal of fact finds no more than a suspicion of the culpable act alleged; (2) Whether the Court of Appeal erred in affirming findings based on an implied duty of fidelity and insubordination where, according to the Appellant, neither was pleaded as a basis of dismissal or put to her in evidence; (3) Did the employer’s disciplinary procedure form part of the employee’s contract of employment; and was the disciplinary function within that procedure lawfully exercisable by the CEO of the employer?; (4) Did the Court of Appeal fail to give proper effect to the injunction of Kokaram J?; (5) Did the employer’s disciplinary process constitute a breach of natural justice and procedural fairness?; (6) Did the Court of Appeal err in relying on hearsay and untested technical conclusions?; (7) Did the courts below err by, in substance, reversing or diluting the employer’s burden of showing just cause by treating the employee’s non-production of a record as probative of misconduct?; and (8) Given the law of this jurisdiction, did the Court of Appeal err in dismissing the employee’s claim for aggravated and exemplary damages on the twin bases of: (i) Addis v Gramophone Co Ltd [1909] AC 488; and (ii) the ‘exclusion area’ associated with Johnson v Unisys Ltd [2003] 1 AC 518?

Facts

The Appellant was employed by the Respondent, a company limited by guarantee established to administer the State’s self-help programme. She was first engaged as an Administrative Assistant with effect from 1 April 2007, was appointed Office Manager from 2 February 2009 until 16 May 2013, and thereafter continued in the Respondent’s employ until her summary dismissal on 11 April 2019. On 12 December 2018, the Appellant was summoned, without notice of the purpose, to a meeting with the Respondent’s CEO. The Appellant was questioned about the closure of a personnel file relating to the Corporate Secretary and Legal Advisor. By a letter dated 13 December 2018 the Appellant was directed to hand over a data record containing employee vacation and sick leave information by 2:30 p.m. that same day, on pain of disciplinary action. She replied in writing that the existing spreadsheet was not on her desktop and that the information could be compiled manually. On 14 December 2018, she was informed that an investigation would be conducted regarding the alleged deletion of employee leave records. The Appellant maintained that no such records existed on her desktop. On 22 January 2019 the Appellant received the investigative report and was informed that she had been charged with gross or serious misconduct. On 11 February 2019, the Appellant filed proceedings in the High Court and applied for interim injunctive relief restraining the Respondent and its CEO from pursuing a disciplinary hearing. On 21 March 2019, Kokaram J granted an interim injunction (the interpretation of which is in dispute). On 28 March 2019, the Commission’s newly hired human resources manager informed the Appellant that she would be initiating an investigation into the disappearance of the Commission’s vacation and sick leave database. On 10 April 2019, the new human resources manager informed the Appellant that the investigation was concluded, and she was being charged with serious misconduct, insubordination and abuse of authority. The Appellant did not respond and was summarily dismissed on 11 April 2019. On 27 September 2019, the Appellant filed proceedings in the High Court, claiming (i) special damages of TT$176,808.00 and (ii) general unquantified damages for, inter alia, aggravated and exemplary damages. On 19 September 2022, Seepersad J dismissed the claim. The Court of Appeal dismissed the subsequent appeal on 18 November 2025. Final leave to appeal to the Judicial Committee of the Privy Council was granted on 13 July 2026.

Date of issue

8 September 2026

Case origin

Appeal As of Right

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