Joshuanette Francis Awarded Over $61,000 After Industrial Court Rules She Was Unfairly Dismissed by Sheer Rocks

A local woman has been awarded more than $61,000 after the Industrial Court found that she was unfairly dismissed by Sheer Rocks Restaurant and Bar after giving birth and was never reinstated when her maternity leave ended.

According to the Antigua Observer, Joshuanette Francis, founder of Good Humans 268, successfully challenged the restaurant’s actions after a lengthy legal battle that stemmed from her removal from the company’s work roster without explanation.

Francis began working at Sheer Rocks in November 2016 as a trainee hostess and eventually rose to the position of junior supervisor. However, health challenges prompted her return to a line staff role in September 2020. By mid-October of that year, she had reportedly been removed from the work schedule altogether.

The court heard that no termination letter was ever issued and that when Francis’s maternity leave expired on November 29, 2021, the employer failed to place her back on the roster as required by law.

In its ruling, the Industrial Court found that the employer had an absolute obligation under the Labour Code to reinstate her following maternity leave. Instead, the company allegedly made no contact with Francis and provided no explanation for its actions.

“The Employee who had just given birth and who had been without wages throughout her pregnancy was left in complete silence,” the judgment stated.

The matter was heard before Industrial Court President Samantha May-Francis and members Joanne Smith, Charlene Selkridge and Alando Michael. The court described the employer’s conduct as harsh, oppressive and contrary to good industrial relations practice.

According to the judgment, liability was ultimately conceded by the employer’s attorney, Jan Peltier of Christopher and Associates, during the trial.

Francis was awarded a total of $61,118.32 in compensation. The award includes damages for lost wages, accrued vacation leave, notice pay, loss of protection, immediate losses, exemplary damages and legal costs. The court ordered that the sum be paid in full by June 30, 2026.

A notable component of the award was $20,000 in exemplary damages. The court found that the employer had acknowledged Francis’s employment status by completing her Social Security maternity benefit documentation, yet still chose not to return her to the roster after her leave ended.

The judgment described the dismissal as having occurred “by the simple and callous act of not putting her name back on the roster.”

“An employee is entitled to know when and why her employment has ended,” the court stated. “This employee was denied basic dignity.”

Speaking after the ruling, Francis said she felt vindicated by the court’s decision.

“It was tears of joy because I was right,” she told Observer Radio. “Five plus years ago, when the company never issued me a termination letter, and they deemed me unfit to work because of my disability, they offered me $6,000. And I said, no, this is not right, and we’re going to fight them.”

Francis said the experience contributed to postpartum depression and described the judgment as a victory for workers and members of the disability community who may face discrimination in the workplace.

She encouraged others facing similar challenges to continue fighting for justice despite the difficulties involved.

“We’re going to fight them. We’re going to cry plenty of days, and we’re going to feel like giving up plenty of days because it’s a hard fight. But the fight is a necessary fight,” she said.

The judgment, delivered on May 22, 2026, was authored by Hon. Member Joanne Smith. Francis was represented by Samuel A. James and Simon Leonard of the Antigua and Barbuda Free Trade Union.