AG’s Statement on Privy Council Decision

The Privy Council (18 August 2025) ruled that Ms. Shelliann Bush's inability to advance a statutory unfair dismissal claim against the Pines (her former employer) is not a breach of her right to a fair hearing (protected by section 7 of the Bill of the Bill of Rights). 

The Privy Council is in agreement with the Court of Appeal that the Labour Act, by excluding employees of registered charitable organisations from its application, is not incompatible with the Bill of Rights. 

According to the Privy Council and the Court of Appeal, because Ms. Bush’s situation did not fall within the ambit of either sections 7 or 9 of the Bill of Rights (which protects the right to private and family life), it follows that there was no issue of her right not to be discriminated against - as section 16 of the Constitution was not engaged.

As Attorney General, I welcome the ruling from the Privy Council. However, the government’s defence of this case has always been about ensuring that the law on the meaning of section 7, section 9, and section 16 of the Bill of Rights develops in a coherent and principled way and is so understood. Therefore, the ruling provides helpful clarification as to the circumstances in which the right to a fair hearing will apply and how the Labour Act interfaces with section 9 of our Bill of Rights. 

It should be noted however that the ruling today by the Privy Council does not mean that Ms. Bush is without recourse. Indeed, as the Privy Council observed in its judgment, in the event that her dismissal involved a breach of contract on the part of her employer, she would, of course, enjoy at common law rights arising on a wrongful dismissal, which can be vindicated in the common law courts. That is, she enjoys a right, not to be wrongfully dismissed, and if she were wrongfully dismissed would be entitled to sue her employer in breach of contract.

However, given the ruling, it would be a policy decision as to whether it would worthwhile taking another look at the application of section 3 of the Labour Act. But for now, its scope and implications are quite clear.