Andre Knight Awarded Over $800,000 in Unfair Dismissal Ruling Against State Insurance

The Industrial Court has ordered State Insurance Company Limited to pay its former Chief Financial Officer EC$886,909.90 in compensation, after finding the company dismissed Andre Knight unfairly, without just cause, and in breach of procedural requirements under the Labour Code.

The judgment, delivered in April found that Knight’s summary dismissal on November 13, 2023, after 21 years of service, failed to meet the standards required by Section C10(1) and Section C56 of the Antigua and Barbuda Labour Code.

The company contended his dismissal was justified on grounds of financial mismanagement, regulatory non-compliance, failure to discharge fiduciary duties, and a sustained pattern of underperformance.

The court rejected those arguments, noting that Knight had identified an EC$9.8 million discrepancy and insisted on restatement and accepted evidence that the data error originated in the Life and Medical Department, over which he had no management authority.

The termination letter itself was found deficient as the court said it described the financial restatement issue without identifying Knight’s specific culpable act or omission, when he became aware of any error, or what he should have done differently.

“The letter describes an outcome,” the judgment states. “It does not identify the Employee’s specific culpable act or omission.”

On procedural fairness, the Court found State Insurance issued no formal disciplinary charges specific to the misstatement issue, gave no written warning tied to the ground of dismissal, convened a meeting on November 7 with no notice or time for Knight to prepare or obtain legal representation, and terminated him on November 13 with no prior indication dismissal was imminent.

The panel also awarded EC$50,000 in exemplary damages, finding the dismissal was carried out in circumstances that were harsh and oppressive.

The court cited the deliberate denial of a genuine opportunity to respond, the complete absence of disciplinary proceedings, and the failure to offer a medical insurance conversion option seventeen days before Knight’s daughter was scheduled for surgery at Scottish Rite Hospital in Atlanta estimated at just over US$67,000

The Chief Executive Officer, Arion Nicholas, confirmed under cross-examination that the conversion option was never offered to Knight, either verbally or in writing, and that his medical card was returned at the time of termination.

The Court described this as a conscious choice, not an oversight, given State Insurance’s institutional expertise in insurance products.

The full compensation order breaks down as follows: EC$343,768.19 for loss of protection; EC$269,754.92 for immediate loss; EC$30,027.12 for future loss; EC$50,000 for exemplary damages; EC$183,359.67 conditional on proof of surgical costs; and EC$10,000 in costs.

Payment is to be made in three monthly instalments of EC$295,636.53 on May 31, June 30, and July 31, 2026.