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Contractual Dispute Dismissed by ERT

A long-standing contractual dispute between a former employee and her company has been dismissed by the Employment Rights Tribunal (ERT) due to its preexistence before the establishment of the tribunal.

Arletta Onita Oxley had filed a complaint with the Labour Department in 2016, alleging that BCQS International, a property and development consultancy, had not honored her employment contract from February 9, 2009. The dispute was referred to the ERT three years after the tribunal's creation.

However, retired Appeals Court Justice Christopher Blackman, the chairman of the ERT, ruled that the tribunal lacked jurisdiction to handle a dispute that originated prior to its establishment. The dispute, referred to the tribunal in October 2016, was subsequently dismissed.

During the case management conference, the parties were instructed to submit supporting documents for their positions. Blackman noted that the ERT carefully considered the submissions, including those from Oxley.

To provide context, the chairman highlighted the timeline: Oxley's contract was dated February 9, 2009; the Employment Rights Act was enacted on May 18, 2012, and came into force on April 15, 2013; the complaint was lodged with the Labour Department in March 2016 and referred to the ERT in October 2016. Given these considerations, it was evident that the tribunal, established in 2013, could not adjudicate a dispute arising in 2009.

The dispute between Oxley and her former employer revolved around changes to her employment contract, specifically regarding her salary. She alleged that BCQS had failed to pay the $4,000.00 net salary specified in the contract.

The three-member tribunal panel consisted of Edward Bushell, Frederick Forde, and Christopher Blackman.

Oxley was represented by attorney Philip McWatt, while Faye Finisterre appeared on behalf of BCQS International.


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