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), February 2021
This is the second in our series of articles looking at upcoming
changes to the Employment Act 2000 (
Act),
Bermuda s key piece of employment legislation, introduced by
way of the Employment Amendment (No.2) Act 2020. Since the
publication of last month s article, the amending
legislation has been passed by the Senate and is due to come into
force on 1 June 2021.
Below, we briefly outline the key changes that were not covered
in our previous article and consider some of the practical
implications.
Bullying and harassment
New clause 10B will make it a legal requirement for employers to
In
Conway v. Griff Building Supplies Ltd.,
2020 CarswellBC 3112, an employee was found to have resigned
verbally during a meeting, despite failing to provide a formal
resignation letter. The Court considered the matter from the
‘perspective of a reasonable outside observer of the
parties words and actions at the meeting and in the
immediate aftermath. The letter was found to be a formality, and
the action was dismissed.
Conway worked for Griff Building Supplies Ltd.
(“Griff”) for over 20 years. The main issue was whether
he had resigned during a meeting on December 21, 2018, or whether
he was wrongfully dismissed shortly after. Conway maintained he did
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As we all know by now, the U.S. Capitol was stormed by a mob of
President Trump s supporters on Wednesday January 6, 2021. A
great deal of the mob, as well as police officers who appeared to
stand aside as rioters streamed inside, were captured on video and
replayed repeatedly over the news. This includes two Canadian
nurses who allegedly travelled to Washington D.C. to participate in
an anti-lockdown event which preceded the Capitol Hill riot. Those
nurses are now under investigation by the Ontario College of
1.
Cost of Living Increase – Legal Notice 468
of 2021: This Legal Notice establishes the Cost of Living
Increase for 2021, previously announced by the Government in the
financial estimates. Therefore, the wages of whole-time employees
have, as of 1st January 2021, been increased by €1.75 per week
(or pro rata for part-time employees).
2.
Minimum Wages – Legal Notice 469 of
2020: This Legal Notice amends the minimum wages
stipulated in the sector-specific Wage Regulation Orders as from
the 1st of January 2021, reflecting the Cost of Living
Increase.
3.
Public Holidays and Vacation
Leave – During the last Budget speech,
employees were given the impression that in 2021 the Government
would be adding an additional day of paid vacation leave, as it had