Employment Tribunals: The Good, the Bad and the Ugly
The employment tribunal system was established to provide an employee the regime in which to make a formal complaint that their employer has violated the Employment Act 2000 (the “Act”). The process was designed to encourage the parties to settle their differences wherever possible. If the parties cannot reach an agreement and there are reasonable […]
A “Balanced” Approach to Personal Information Protection: A PIP on Each Shoulder?
Background The Personal Information Protection Act (“PIPA”) was enacted on 15 July 2016. However, it is not anticipated to come into force until 2018. This is to provide organisations with time to prepare for PIPA’s implementation. An independent Privacy Commissioner is due to be appointed shortly to assist with this process and ensure compliance with […]
Bermuda Passes Personal Information Protection Act (PIPA)
A Bill to protect the personal information of Bermuda residents – the Personal Information Protection Act (PIPA) – has been passed in the House of Assembly. Last year the Government of Bermuda, under the Ministry of Economic Development, introduced a Draft Model Personal Information Protection Act (PIPA) that fortified privacy protection rights for all residents. […]
Court Of Appeal: Important Security For Costs Decision
In The Allied Trust and Allied Development Partners Ltd v Attorney General and Minister for Home Affairs [2015] SC Civ (Bda) 61, dated 24 August 2015, the Chief Justice of the Supreme Court of Bermuda ruled in favour of our client, the Minister of Home Affairs, and struck out a constitutional claim made by the […]
Legal resources in new locations on redesigned Bermuda Government website
This week the Government of Bermuda launched a new information portal at http://www.gov.bm/. Completely redesigned and revamped, it appears to be quite user friendly. Legal resources can now be found in new locations.
Bermuda wins Solvency II equivalence
In an update to my post from January, ‘Another Step in the Right Direction: Bermuda Solvency II Equivalence‘, Bermuda has now been awarded full equivalence under the tough EU Solvency II regulations by the European Commission. After years of work, the Island is now one of only two non-EU jurisdictions to be recognised as in […]
Bermuda Immigration Appeal Tribunal to publish decisions online
Prior to 2011 immigration appeals from decisions made by the Minister were dealt with by the Appeal Tribunal within the Cabinet. In 2011, the Immigration Appeal Tribunal (the “IAT”) was established as an independent body by the Bermuda Immigration & Protection Amendment Act 2011. However, it was only following the implementation of the Bermuda Immigration […]
2015 Throne Speech: A Brief Summary of the Parliamentary Agenda
The Bermuda Government re-affirmed its commitment to making economic recovery a national priority in the 2015 Throne Speech, its legislative blueprint for the coming parliamentary year.
Q & A with Bermuda’s first Information Commissioner, Gitanjali S. Gutierrez
I had the pleasure of sitting down with Mrs. Gitanjali Gutierrez in my office at MJM last week for a one-on-one interview about her background, role as Bermuda’s first Information Commissioner, and the Public Access to Information (PATI) Act implementation. A fascinating woman, she spoke passionately about her new role and the way PATI is […]
Property Rights of Permanent Resident Certificate Holders under the proposed Bermuda Immigration and Protection Amendment Act 2015
The recent sitting of Senate has seen significant legislative amendments introduced. One amendment in particular that has caused great discussion is that of the property rights now afforded to Permanent Residence Certificate Holders (“PRC Holders”). For clarification, a PRC holder is one who has obtained a Permanent Resident’s Certificate by the Minister under section 31A […]
