BREAKING: CCJ Rules in Favour of Former BTL Employees 

The Caribbean Court of Justice (CCJ) has ruled in favour of ten former employees of Belize Telemedia Limited (BTL), affirming their right to severance pay under the Belize Labour Act. The judgement overturns a decision by the Belize Court of Appeal and marks a major victory for workers’ rights in Belize.

The appellants, including Erven Marin, Lorna Longsworth, and eight others, argued that despite receiving pensions, they were still entitled to severance payments after retiring from BTL, either mandatorily at age 55 under a Collective Bargaining Agreement (CBA) or voluntarily under individual agreements.

The CCJ, led by Justice Eboe-Osuji, adopted a purposive and social justice approach to interpreting Section 183 of the Labour Act. The Court ruled that both mandatory and voluntary retirees qualified for severance, reasoning that the purpose of severance pay is to cushion employees from financial hardship after years of service, not to penalise them for how their employment ended.

Justice Eboe-Osuji found that BTL failed to prove that severance had been accounted for in its pension plan, which involved equal contributions from employer and employee. The Court said that under Section 194 of the Labour Act, a pension plan cannot replace severance obligations unless severance is clearly included in the benefits.

Justice Jamadar further held that the Labour Act is “social justice legislation” grounded in constitutional principles and international labour conventions that protect workers’ rights. He added that any agreement that attempts to waive statutory severance, including CBAs or individual contracts, is void under Section 190 of the Act.

The CCJ unanimously allowed the appeal, reinstating the High Court’s ruling that all appellants are entitled to severance payments. The Court ordered that payments be calculated based on the High Court’s formula and awarded costs to the former employees.