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Updates to Maternity and Paternity Benefits
Adjusting to parenthood can be overwhelming, for both parents. Thankfully, such more needed legislative changes to improve parenting benefits are on the horizon. The Minister of Labour, Community Affairs and Sport announced recently that “the consolidation and modernization of the labour legislation […] has been ongoing for some five years”. After “extensive consultation with key […]
Commercial Contract Disputes – “No Oral Modification” Clause
The UK Supreme Court has recently confirmed that contractual provisions which restrict the parties from modifying an agreement orally are binding and enforceable. These provisions are more commonly known as a ‘No Oral Modification Clause’ (“NOM Clause”).
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 […]
Bermuda’s Brexit Blues?
Setting aside the effects on the UK economy, which are already being felt with political turmoil, the fall of the pound, billions being slashed from UK stocks worldwide and the potential break-up of the United Kingdom itself, one little examined effect is how its overseas dependent territories, of which Bermuda is one of the largest, […]
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 […]
Harkin: An Important Decision for Human Rights in Employment Law
A recent decision of the Chief Justice of the Supreme Court of Bermuda given on 23 November 2015, illustrates the importance of adherence to Human Rights’ provisions in the employment context. In what has been referred to as a landmark decision, the Chief Justice upheld a decision of a Board of Inquiry that Mr. Harkin […]
Bermudian Status for PRC Holders
The Supreme Court of Bermuda handed down its judgment in the matter of The Minister for Home Affairs v Carne and Correia [2014] SC (Bda) 9 Civ (2 May 2014) (510 KB PDF) on 2 May 2014. The fundamental result of this judgment is that under certain circumstances, holders of Permanent Resident Certificates (“PRC”) who have been […]
Incentives for Job Makers
The Incentives for Job Makers Act 2013 and the Bermuda Immigration and Protection Amendment (No.2) Act 2013 came into operation in December 2013. These two acts effectively introduce various changes to the Bermuda Immigration and Protection Act 1956 (“BIPA”) and the Economic Development Act 1968 (“EDA”) which seek to make it easier for companies to […]
Immigration Developments Impacting International and Local Businesses
There have been a number of developments in immigration laws and policies this year which have and will impact international and local businesses in Bermuda. The Incentives for Job Makers Act 2011(59 KB PDF) came into force in 2012 which introduced changes to the Economic Development Act 1968 (“the EDA Act”) and the Bermuda Immigration […]
2013 Case of Note: KFC Case Illustrates Need for Labour Law Reform
In March 2013, the Chief Justice issued a decision in the case of Kentucky Fried Chicken (Bermuda) Ltd v Minister of Economy Trade & Industry and the Bermuda Industrial Union [2013] Bda LR 19 (381 KB PDF). Kentucky Fried Chicken (Bermuda) Ltd. (“KFC”) sought judicial review of the Minister of Economy Trade & Industry’s (the […]
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