APA) for more than 8 years as an Electrical
Supply Team Member.
In May 2020, Mr Lupson took a period of personal leave to
recover from an injury he sustained outside of work. On 23 January
2020, Mr Lupson attended the workplace with the intention of
returning to work, however his aviation clearance (ASIC) had
expired and he was escorted off the premises and stood down on pay,
pending an investigation.
From 24 January to 12 March 2020, APA investigated Mr
Lupson s conduct and he was invited to attend three meetings to
gauge his views on the issues at hand. In late January and again in
late February 2020, Mr Lupson was issued with show cause
Background
The employee worked in his family s funeral home (Home) for
30 years. When he was 55, the employee sold the Home to the
appellant company. The parties entered into a Transitional
Consulting Services Agreement (TCSA), pursuant to which the
employee would work as General Manager for a fixed term of 10
years. The TCSA included commissions and a vehicle and fuel
allowance. The TCSA did not contain a provision addressing its
early termination, but did contain a non-competition clause that
barred the employee from working in the funeral home business for
10 years.
Conflict between the parties developed almost immediately after
the employee began his employment. The company s co-owner
First Published in The Bermuda Chamber Of Commerce Newsletter
(Chamber Insider), January 2021
At the end of November 2020 the Government tabled various bills
in the House of Assembly that will, if they complete the full
legislative process, introduce several amendments to Bermuda s
employment legislation. This article is Part 1 of a series of
articles in which we will discuss the proposed amendments and the
practical implications they may have for employers and employees in
Bermuda. Part 1 focuses on certain of the proposed changes to the
Employment Act 2000 (Act).
Below we provide a brief outline of some of the key proposed
changes and our comments on the practical implications for