Seminar On Bermuda Employment Law
Fozeia Rana-Fahy and Jennifer Haworth of MJM Limited, yesterday [Sept 19] presented a talk on ‘Bermuda Employment Law: Restrictive Covenants in the Insurance Industry,’ to members of the Association of Bermuda International Companies.
The one-hour seminar covered the types of restrictive covenants available and their enforcement in Bermuda, the impact of wrongful dismissal and termination agreements, remedies available to the Bermuda employer including springboard injunctions, the impact of foreign governing law and jurisdiction clauses in global award agreements, the impact of restrictive covenants in bonus and share schemes, immigration and insolvency considerations, as well some take-away tips that employers could put into practical use.
Fozeia Rana-Fahy is a commercial litigation Associate practicing in MJM’s corporate group. Mrs Rana-Fahy is also an accredited mediator. She was in private practice in the City of London from 2000 to 2004 practicing commercial litigation in the (re)insurance market.
Jennifer Haworth is an Associate in the firm’s litigation practice group. Mrs Haworth has a wide practice in the areas of civil and commercial litigation including employment matters.
Fozeia Rana-Fahy, Associate, MJM Limited, who specialises in contentious commercial and employment related matters, says: “With poaching being quietly prevalent in the insurance and reinsurance industries, there are steps that employers can take to protect themselves in their employment contracts, employment handbooks, bonus schemes, share schemes and global award agreements. Today’s discussion covers the types of restrictive covenants available to the Bermuda insurance industry and their enforceability in Bermuda”.
Jennifer Haworth, Associate, MJM Limited, says: “Keeping employees in a highly competitive business can often be challenging. Before the economic downturn, businesses may have tried to compete against each other for potential clients. Since the economic downturn, other more insidious tactics are often used to secure business. However, employees have a duty of good faith, fidelity and confidentiality to their employer. In addition it is wise for employers to have well-drafted restrictive covenants in the employment contract in relation to post-employment obligations.”
I think every working Bermudian should attend this event. I know of many redundancies where the employer has claimed they cannot pay redundancy and the Government Labor Relations Office has dragged their feet on finding an ammicable solution.
Good question deserving an Inquiry is WHY the Goverment Labor Relations Office is so ineffective?? Lazy,incompetent,disorganised,understaffed–or simply ‘outgunned’ by better lawyers representing big business!!