NASSAU, BAHAMS- The Court of Appeal has dismissed an appeal by the Airport, Airline and Allied Workers Union, affirming an earlier Supreme Court injunction that bars industrial action against Bahamasair Holdings Limited and requires union members to report to work as scheduled.
In its written decision to its unanimous February 11, 2026 ruling, the appellate panel outlined its reasons for upholding a January 24, 2025 decision by Justice Darron Ellis to continue an interim injunction first granted in December 2024. The order restrains the union, its officers, and members from participating in strikes, sick-outs, or any form of industrial action that could disrupt the operations of the state-owned airline.
Judges rejected the union’s arguments that the injunction improperly applied to individual members, that there was insufficient evidence of a strike, and that the trial judge failed to provide adequate reasons for the decision.
Central to the case was affidavit evidence that approximately 80 of 120 scheduled employees called in sick on December 18, 2024—far exceeding the typical daily average of about 10 absences—and affecting critical staff such as flight attendants and dispatchers. The court ruled this constituted reasonable grounds to fear a breach of the Industrial Relations Act, even without proof of a formally declared strike.
The ruling confirms that under the Act, injunctions against a trade union can be enforced against its officers and governing members without naming each individual employee. The court also emphasized that only a “reasonable apprehension” of unlawful industrial action is required, based on a balance-of-probabilities standard.
The decision preserves operational stability at Bahamasair by preventing work stoppages while the broader dispute continues, a development seen as significant for domestic travel, tourism flows, and inter-island commerce that depend on the national carrier.
Despite dismissing the appeal, the court ordered Bahamasair to pay the union’s legal costs, certified for two counsel, citing the seriousness of the matter and its far-reaching consequences for labor relations and essential services in The Bahamas.
