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ARTICLE · 04 OCTOBER 2021

Labour Disputes And Certification/decertification Process

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First Published in The Bermuda Chamber Of Commerce Newsletter (Chamber Insider), September 2021.

BermudaEmployment and HR

First Published in The Bermuda Chamber Of Commerce Newsletter (Chamber Insider), September 2021.

There has been much discussion in the news recently about labour disputes between different unionised employee groups and the Government of Bermuda. This article discusses the law around those disputes, generally, and specifically considers the process by which employees become unionised (known as the 'certification' process) and the process by which unionised employees de-unionise (known as 'decertification').

WHAT IS A LABOUR DISPUTE AND HOW ARE THEY REFERRED TO A TRIBUNAL?

The Trade Union and Labour Relations (Consolidation) Act 2021 (Act) defines a labour dispute, in summary, as follows: a dispute between an employer and an employee (or a trade union acting on the employee's behalf) or between workers and other workers, concerning one or more of the following:

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