Marsh Management Services (Cayman) Ltd v Price

• Jurisdiction: Cayman Islands
• Judge: McMillan, J.
• Judgment Date: 22 September 2020
• Court: Grand Court (Cayman Islands)

MARSH MANAGEMENT SERVICES (CAYMAN) LIMITED

and

PRICE

(McMillan, J.)

GRAND CT. (Cayman Islands)

Employment — termination — wrongful dismissal

Held: The respondent was entitled to recover the costs of his appeal but no more. The court had no jurisdiction to award costs in respect of proceedings before the Labour Tribunal and the Labour Appeals Tribunal, which did not themselves have the statutory power to award costs (Taylor v. Royal Bank of Canada Trust Co. (Cayman) Ltd., 2018 (1) CILR 412, applied). The principle of underlying statutory intent undermined the respondent's arguments.

The respondent filed a complaint with the Labour Tribunal for unfair dismissal. The Labour Appeals Tribunal found the respondent to have been unfairly dismissed by the appellant, which was upheld by the Grand Court on appeal. The respondent sought his costs of the appeal and the proceedings below. The appellant argued that neither the Labour Tribunal nor the Labour Appeals Tribunal had the statutory power under the Labour Law (2011...