Court Strikes Down ‘Underpaid’ Complaint
Timothy Stewart — who worked for the government for 10 years — had his case struck down by the Supreme Court, with the ruling stating “the basic truth is that the plaintiff’s complaint is simply that he feels he was undervalued and underpaid.”
The ruling [PDF] said, “The plaintiff was employed by the Bermuda government in the capacity as Land Title Registration Officer [LTRO] between 2011 and 2021. He entered into 3 successive four year contracts in 2011, 2014 and 2018. When his contract came up for renewal in 2022, the plaintiff refused to sign the contract on the terms offered on the basis that the terms offered were ‘insulting’.
“The plaintiff claims that he was underpaid for the period of his employment and claims arrears of his pay and other benefits [including pension contributions] for the period of his employment all the way back to 2011.
“No allegation is made that a misrepresentation was made to him as to the terms and conditions of his employment nor that he was induced him to accept the position on the basis of a misrepresentation which caused him to suffer a foreseeable loss. He accepted the positions on the terms offered and took his pay and benefits without complaint for ten years
“The basic truth is that the plaintiff’s complaint is simply that he feels he was undervalued and underpaid for carrying out the responsibilities of the post he occupied for ten years. That is a common complaint, but it is not one for which the court has yet devised a remedy.
“It is therefore my duty to strike out the writ and the statement of claim as disclosing no reasonable cause of action. The plaintiff is to pay the costs of the action to be taxed if not agreed.”
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