Bermuda Labour Judgment: Employees Have Increased Bargaining Power

The Supreme Court of Bermuda (the Court) has handed down a landmark labour judgment with immediate ramifications for employers dealing with employee complaints under the Employment Act 2000 (the Act). The overall effect of this decision is expected to increase the bargaining power of employees in any complaints brought under the Act.

In Janice Fleming vs the Director of Labour and Training [2013] SC (Bda) Civ (18 December 2013), the Court held that when a complaint brought under the Act is not settled by conciliation, an Employment Inspector must refer the complaint to the Employment Tribunal if the facts alleged in any complaint would, if proven, give the employee some chance of success before the Employment Tribunal.