‘Blind spot’ at Labour Office

An appeal which arose from an Employment Rights Tribunal (ERT) decision has shone a spotlight on the Employment Rights Act and the Labour Department.

Former technical sales representative at Berger Paints, Anthony Herbert, filed the appeal against his former employer after ERT chairman, retired Justice Christopher Blackman, dismissed his claim for wrongful dismissal, saying that the panel had no jurisdiction to hear the matter since it was filed seven months after the 90-day deadline had passed.

Herbert was dismissed from the post of technical sales representative in October 2014 and his complaint should have been filed with the Labour Department by January the following year. It was not filed until August 2015.

However, Herbert said he had gone to Labour Department in  November/December 2014 to file his grievance with the department.

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