I am pleased to have this opportunity to announce the members of the newly constituted Employment and Labour Relations Tribunal (the “Tribunal”) that is established pursuant to the Employment Act 2000 which came into effect on 1 June 2021.
One of the major amendments to the Employment and Labour Code, which consists of the Employment Act 2000 and the Trade Union and Labour Relations (Consolidation) Act 2021, is the consolidation of the various tribunals, arbitration panels and boards into one tribunal designed to hear and determine complaints, labour disputes, differences, conflicts and other matters referred to it under the Employment and Labour Code. This much needed amendment streamlines and expedites the resolution of labour disputes.
The Tribunal is currently comprised of 28members, 10 persons with experience to represent the interests of employers, 10 persons with experience to represent the interests of employees and 8 barristers/attorneys with not less than eight years’ standing who possess Bermudian status.
After consultation with the Trade Unions and Employer’s Organizations, reviewing submissions from the Bermuda Bar Associationmembers, and considering individuals who are highly recommended, I have appointed the following persons, many of whom are respected members from previous employment and labour tribunals, as members of the Tribunal, to hold office for the next 3 years:
Chairman – Mr. Ed Ball, Jr., JP, LLB, FCMI
Deputy Chairman - Dr. Michael Bradshaw
Dr. Lorrita Tucker
Mr. Gary Phillips
Mr. Michael Frith
Mr. Robert Horton
Mr. Chen Foley
Mr. Clevelyn Crichlow
Mr. Craig Rothwell
Mr. Derrick Burgess
Mr. Henry Creighton
Mr. John S. Hindness
Mr. John Willis Frances Payne
Mr. Michael Hanson
Mr. Orin Simmons
Mr. Paget Wharton
Mr. Peter Aldrich
Mrs. Judith Elise Hall-Bean
Ms. Betty I. Christopher, JP
Ms. Kelly Francis
Ms. McKeisha Smith
Ms. Yolanda Outerbridge
Ms. Carolyn Pacheco
Ms. Charlene A. Scott
Ms. Cheri Minors
Ms. Jocene Harmon
Ms. Keren V.P. Lomas, LLB, CEDR
Ms. Valerie Young
The Tribunal will have jurisdiction to hear and determine (including by way of arbitration) complaints, labour disputes, differences, conflicts and other matters referred to it under the Employment and Labour Code. For the purpose of determining any complaint, labour dispute or other matter referred to the Tribunal under the Employment and Labour Code, the Chairman of the Tribunal will select from the panel, 3 members which will include a chairman; a deputy chairman; and one memberto adjudicate matters. The three member tribunal will have at least one member representing the interest of employees and one representing the interest of employers. This process allows for multiple matters to be adjudicated at the same time.
The functions and powers of the Tribunal include:
• The power to award the payment of compensation to an employee who cannot be re-instated or re-employed in their former position;
• The power to hear and determine any matter in the absence of any party who has been duly summoned to appear before the Tribunal and has failed to do so;
• The power to require any person to furnish, in writing or otherwise, documents or particulars that relate to a matter before the Tribunal;
• The power to require a person to attend before the Tribunal and give evidence on oath or otherwise, or to produce documents;
• The power to exclude the public or any representative of the press or impose reporting restrictions where the Tribunal considers it necessary or desirable to protect the privacy of parties to a hearing;
• The power to impose a civil penalty not exceeding $10,000 for a person who contravenes a provision of the Employment and Labour Code for which a civil penalty applies;
• Where any person fails to comply with an award of the Tribunal or any part thereof, the Tribunal may grant an award of compensation to be paid to the aggrieved person and/or a general award of such sum to be paid to the aggrieved person as the Tribunal thinks fair;
• The Chairman of a hearing shall provide the award made by that Tribunal to the parties within 30 days of the conclusion of the hearing;
• An award made by the Tribunal shall be made with the agreement of all the panel members of the Tribunal hearing. Where the members are not in agreement, the awardshall be made by the majority;
• The Tribunal shall not be subject to the direction or control of any other person or authority; and
• The Tribunal shall regulate its own proceedings as it thinks fit.
I am confident that the persons appointed to the Tribunal will serve with integrity and impartiality while demonstrating reasonableness and diligence.
Thank you.