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    Home CARICOM CARICOM English Antigua and Barbuda

    LETTER: The Gruesome Truth of Being Disabled: When Justice Is Delayed, the Poor Pay the Price

    The Analyst by The Analyst
    July 11, 2026
    in Antigua and Barbuda
    LETTER: The Gruesome Truth of Being Disabled: When Justice Is Delayed, the Poor Pay the Price


    Francis

    Before the headlines declared that Joshuanette Francis had won her case in the Industrial Court of Antigua and Barbuda, there were more than five years of uncertainty, legal correspondence, medical assessments, negotiations, emotional exhaustion and financial hardship. To many readers, the court’s decision appeared to mark the end of a long battle. In reality, Francis says it marked the beginning of another. Her story is not simply about an employment dispute. It is about disability, pregnancy, delayed justice, mental health and the hidden cost of trying to enforce your rights when you do not have wealth or influence.

    Francis was not an employee with a poor performance record. During the court proceedings, the company’s own Human Resources representative acknowledged that she had been a good employee. She had worked her way from a part-time employee to a full-time employee and eventually to the position of Junior Supervisor. Like many young Antiguans, she worked more than one job, made personal sacrifices and believed that hard work would eventually lead to financial stability. She says there were occasions when she slept beneath the deck at work because travelling home was not possible. Her goal was simple: build a better future for herself and her family.

    That future changed after she was diagnosed with osteoarthritis. Francis maintains that her disability never stopped her from working. Over the years, she continued to teach, hike, volunteer, dance, travel and eventually establish Good Humans 268 Inc., an organisation dedicated to creating opportunities for people living with disabilities while advancing climate action. Yet she believes her diagnosis changed the way she was viewed in the workplace. Her story raises broader questions about how employers respond when disability becomes part of an employee’s life and whether workplaces truly understand the difference between having a disability and being unable to perform meaningful work.

    Another issue highlighted throughout the proceedings concerns the medical process itself. Court documents and correspondence indicate that additional medical investigations were recommended. Francis argues that not every recommended examination was completed before decisions affecting her employment were made. She has also questioned why information about her medical care was reportedly communicated to her employer before it was communicated directly to her. For disability advocates, these questions extend beyond one case. They speak to larger issues of patient autonomy, informed decision-making and whether people living with disabilities remain at the centre of decisions affecting their own health and livelihoods.

    The timing of the dispute made the experience even more difficult. Francis was pregnant when her employment situation changed. She describes years of emotional exhaustion, uncertainty and depression as she attempted to navigate pregnancy, motherhood, disability and an unresolved legal battle at the same time. Mental health professionals have long recognised that prolonged financial insecurity, employment loss and legal uncertainty can significantly affect emotional well-being. Francis believes those conversations deserve greater public attention, particularly for women who are forced to manage multiple challenges simultaneously while trying to protect their families.

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    The financial consequences extended well beyond the loss of employment. Before the dispute, Francis had been approved for a mortgage not once, but twice. After years of saving, working multiple jobs and making personal sacrifices, she secured the EC$12,000 deposit required by the bank. Losing her employment also meant losing the opportunity to purchase her first home. While the Industrial Court later awarded compensation, Francis argues that no financial award can replace the investment opportunity she lost or the stability she had hoped to create for her son. “The court award cannot replace the house I never got,” she has said.

    In May 2026, the Industrial Court ruled in Francis’ favour. The judgment described her dismissal as “harsh, oppressive and wholly contrary to good industrial relations practice.” It also concluded that she had been denied “basic dignity.” Those findings represented a significant legal victory. However, Francis says they did not bring closure. Instead, they revealed another challenge within the justice system that many members of the public know little about.

    According to Francis, many people assume that once a court delivers judgment, payment automatically follows. She says that is not how the process works. After the deadline set by the Court passed without payment, she was advised that she would have to return to the Industrial Court and file another application asking the Court to address the employer’s alleged failure to comply with its order. That application, she says, requires another filing fee estimated at approximately EC$1,500. Once filed, another hearing must be scheduled. Depending on the Court’s calendar, that hearing could take months or longer before it is heard.

    Even if the Court ultimately determines that an employer is in contempt, payment is still not guaranteed. Additional enforcement proceedings may become necessary, including applications before the High Court. Each new step requires additional legal costs, more time and further emotional energy. Francis argues that this is one of the greatest weaknesses in the justice system. The worker who has already spent years proving their case may still be required to spend more money simply to enforce a judgment that has already been made in their favour.

    Her experience raises a broader public policy question: Who can afford justice? Large businesses often have access to legal teams, financial resources and the ability to manage prolonged litigation. Ordinary workers frequently do not. Many have already lost their income. Some are supporting children. Others are paying medical bills while living with disabilities. Every additional filing fee, every lawyer’s consultation and every court appearance becomes another financial barrier between them and the justice they have already been awarded.

    For people living with disabilities, those barriers can be even greater. The disability itself is often only part of the struggle. The greater burden frequently comes from the systems surrounding it. It is the uncertainty of whether employers will recognise ability before diagnosis. It is wondering whether healthcare decisions will be made with the patient rather than about the patient. It is trying to pay for medical assessments, transportation and legal proceedings after losing employment. It is repeatedly having to prove that a disability does not diminish a person’s value, intelligence or ability to contribute meaningfully to society.

    Francis believes her case illustrates why disability rights cannot be limited to discussions about ramps, accessible bathrooms or reserved parking spaces. Disability rights also include equal access to employment, fair treatment, appropriate medical processes and meaningful access to justice. She points out that Antigua and Barbuda enacted disability legislation in 2017, yet key mechanisms envisioned under that legislation remained unavailable years later. She believes stronger institutional protections are necessary to ensure that people living with disabilities receive fair treatment before disputes escalate into lengthy legal battles.

    Today, Francis continues to release court judgments, correspondence, letters, medical records, timelines and other supporting documents. She says she is not asking the public to accept her version of events without question. Instead, she wants readers to examine the evidence for themselves. She believes transparency encourages accountability and creates opportunities for meaningful public discussion about disability rights, workplace practices and access to justice.

    Ultimately, Francis says her story is no longer just about her. It is about every worker who cannot afford to fight. Every parent trying to protect their family. Every person living with a disability who fears that a diagnosis may one day change their future. It is about whether justice should depend on a person’s financial resources and whether a court judgment has meaningful value if enforcing it remains beyond the reach of ordinary citizens. Her hope is that by telling her story, future generations—particularly young people living with disabilities—will inherit a society where dignity is protected, justice is accessible and no one is forced to spend years fighting simply to have their rights recognised.

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