Arletta Onita Oxley v BCQS International/Sanjay Amin

• Jurisdiction: Barbados
• Judge: Mr. Justice (rtd) Christopher Blackman,Frederick Forde,Edward Bushelle
• Judgment Date: 22 March 2021
• Court: Employment Rights Tribunal (Barbados)
• Docket Number: Case: ERT/2016/047

IN THE EMPLOYMENT RIGHTS TRIBUNAL

Before:

The Hon. Mr. Justice (rtd) Christopher Blackman GCM Chairman

Frederick Forde, Esq GCM Member

Edward Bushelle Esq Member

Case: ERT/2016/047

Arletta Onita Oxley

Claimant

and

BCQS International/Sanjay Amin

Respondent

Appearances:

Mr. Philip McWatt, Attorney-at-law for the Claimant

Ms. Faye Finisterre, Attorney-at-law for the Respondent

DECISION

1 . By letter dated October 24, 2016, the Chief Labour Officer pursuant to the provisions of sections 19 (2) (b) and 44 (1) of the Employment Rights Act (the Act) referred for the consideration of the Employment Rights Tribunal (the Tribunal) the dispute between the Claimant and the Respondent over concerns by the Claimant that there were changes in respect of her employment contract, specifically her pay. The particular complaint was that the Respondent had failed to pay at any time the $4000.00 net salary specifically stipulated in the employment contract dated February 9, 2009.

2 . In her Witness Statement dated December 28, 2016 the Claimant said that her employment with the Respondent commenced February 9, 2009 as Secretary/Executive Assistant and that she was still in the employ of the Respondent. The Claimant is still in the employ of the Respondent.

3 . The Claimant's case turns on paragraph 5 of the contract, under the heading Remuneration which stated:

“As remuneration for her services hereunder, the Company shall pay the Employee a gross salary at the rate of BDS $4,000.00 (Four thousand Barbados Dollars) per month. Subject to satisfactory performance, this salary will be reviewed after 3 months and the Employee will be paid a net salary (emphasis added) of BDS $4,000.00 (Four thousand Barbados Dollars) per month.

4 . It is common ground that no review took place at the three-month interval or indeed for several years. On November 16, 2015 Mr. Sanjay Amin as a Director of BCQS, wrote the Claimant, stating (inter alia) “it is recognised that your salary has not been reviewed since 2009 and we have therefore agreed to give you a 10% increase effective 1 December 2015. In view of the above, we are pleased to review your employment contract dated 9 February 2009 regarding your employment as a Secretary of BCQS International Limited whereby this agreement replaces your agreement dated 9 February 2009 in accordance with the terms and conditions set out below.”

5 . At paragraph 5 of the November contract,...