NASSAU, BAHAMAS: A Supreme Court judge has urged the two factions of the Bahamas Nurses Union’s executive board to put their differences aside as she ordered the union to hold elections by November 13, following what she described as a “serious breakdown” in its governance.
In a written judgment released on Wednesday to a decision handed down earlier this month, Justice Camille Darville-Gomez ordered that nomination day for the BNU elections take place no later than October 14, 2026, with the elections to be held no later than November 13, 2026.
“The two factions of the Executive Board are encouraged to put their differences aside and ensure that there is an orderly handover to the incoming Executive Board following the elections,” the judge said in her written ruling.
The ruling stems from a bitter leadership dispute involving BNU President Muriel Lightbourn and other members of the union’s executive board.
While the court rejected an attempt to have Lightbourn declared no longer a member of the BNU and unlawfully holding the office of president, it ruled that her suspension of First Vice President Sheniqua Cox and Secretary General Shavone Brennen breached the union’s constitution and the requirements of natural justice.
The suspensions were declared unlawful, unconstitutional and void.
The court also refused an application seeking a declaration that meetings presided over by Lightbourn since February 2025 were unconstitutional.
However, Justice Darville-Gomez was sharply critical of the state of the union’s governance, declaring: “This case revealed a serious breakdown in the governance of the Union.”
The court pointed to executives being locked out of the union’s premises and computer systems without proper authority, suspensions imposed without adherence to the constitution and natural justice, poor financial record-keeping and inadequate minutes.
The judge said the BNU’s financial members “deserve better” and noted that the personalities of some members of the executive were not conducive to the proper functioning of the organisation, with ordinary financial members ultimately suffering as a result.
Against that backdrop, the court directed that the BNU move toward fresh elections.
Justice Darville-Gomez ordered that the nomination and election process comply with the BNU Constitution and applicable statutory requirements.
She also stressed the importance of an orderly transition once a new executive is elected, particularly given problems that arose following the union’s previous elections.
The court noted that the absence of a proper handover following the 2023 elections created difficulties for Lightbourn and her executive and said the incoming leadership should not face the same situation.
The handover should include securing and preserving the union’s minutes, financial and membership records, bank documents, correspondence, passwords, keys and other information required by the incoming executive.
The court also issued several orders aimed at addressing problems with the BNU’s financial administration.
The BNU executive board, president, treasurer, secretary general and trustees were given 45 days to take the necessary steps to regularise the union’s financial records, including locating, securing and preserving books, vouchers, cheque books, requisitions, receipts, audited financial statements and annual returns.
Treasurer Sherran Rolle was ordered to provide the trustees and executive board within 45 days with copies of audited financial statements and available annual returns for 2021 through 2024, along with a schedule identifying any documents that are unavailable and explaining why they cannot be produced.
The executive board must also ensure that any outstanding annual returns or financial filings required under the Industrial Relations Act are completed and submitted to the Registrar of Trade Unions within 60 days, if they have not already been filed.
However, the court did not find that the claimants proved their broader allegation that Rolle breached sections 30(1) and 32(1) of the Industrial Relations Act by failing to keep proper accounts or prepare annual returns.
The court also declined to declare that Rolle breached Article VI of the BNU Constitution.
Still, Justice Darville-Gomez found deficiencies in the custody, accessibility and production of the BNU’s financial records, describing the situation as an “unsatisfactory breakdown in financial governance.”
The court determined that the problems were not solely the responsibility of Lightbourn and Rolle, but reflected a collective failure of the executive board, which included members on both sides of the dispute.
The judge found that the union’s financial practices were often conducted informally and, while the court was not satisfied that every payment challenged during the proceedings was unlawful, it identified instances of non-compliance with the BNU Constitution involving authorisation, documentation and record-keeping.
Brennen also secured a significant ruling over her suspension without pay.
The court found that she is entitled to any salary withheld as a consequence of her unlawful suspension.
Evidence before the court showed that Brennen’s monthly salary was $5,083. She sought salary for December 2024, April 2025 and May 2025.
The court noted that an earlier interlocutory order directed payment for April and May and the outstanding balance for December, while payments of $5,083 each for June and July 2025 were also documented. Any amounts already paid must be credited to prevent double payment.
Brennen was unsuccessful, however, in recovering additional consequential losses she claimed for educational expenses, a cellphone reconnection charge, vehicle licensing expenses and a BTC landline bill.
The court found there was insufficient evidence establishing that those expenses resulted from the unlawful suspension rather than being personal financial obligations incurred in the ordinary course.
Justice Darville-Gomez also suggested that the incoming executive consider measures aimed at avoiding a repeat of the turmoil, including virtual meetings with transparent records and amendments to the union’s constitution to address areas of uncertainty.
The judge stressed that members of the executive serve at the pleasure of the BNU’s financial members and that their interests “must remain paramount until new elections restore stability and legitimacy.”
