First Published in The Bermuda Chamber Of Commerce Newsletter
(Chamber Insider) May 2019
What duties does an employer have when an
employee develops a disability which prevents him from performing
his employment duties, either completely or partially?
This is effectively a performance issue.
However, the employer is under an obligation to consider whether
any reasonable adjustments can be made to assist the employee with
returning to work. Otherwise, the employer may be in breach of the
Human Rights Act 1981 (Human Rights Act).
It is a breach of the Human Rights Act to
discriminate against an individual because of a disability.
However, the Human Rights Act also provides that nothing in that
Act confers upon any person any right of employment or any right to
be given, or to be retained in, any employment for which he is not
qualified or which he is not able to perform or of which he is
unable to fulfil a bona fide occupational requirement, or any right
to be
