The Ministry of Economy and Labour advises the public that the Employment Amendment (No. 2) Act 2026 came into effect on 1 November 2026.
The Employment Act 2000 amendments strengthen the enforcement framework governing decisions by the Employment and Labour Relations Tribunal (Tribunal) by introducing measures to address continued non-compliance with Tribunal awards and civil penalties.
A Naming Register for Unpaid Tribunal Awards, established, maintained and published by the Director of the Department of Labour, will be a key feature of the amendments.
The Naming Register is intended to promote accountability and encourage compliance by informing the public of parties who continue to fail to satisfy financial obligations arising from Tribunal awards or civil penalties.
The Minister of Economy and Labour, the Hon. Jason P. Hayward, JP, MP, said, "These amendments represent an important step in strengthening Bermuda's employment relations framework and reinforcing the importance of compliance with decisions of the Employment and Labour Relations Tribunal. When awards are made, the expectation is that obligations arising from those decisions will be fulfilled. The Naming Register is an additional accountability measure to address continued non-compliance, while ensuring that appropriate procedures and protections are in place for affected parties. Our objective is to promote fairness, accountability and confidence in Bermuda's employment relations system."
Under the new provisions, a party may be entered on the Naming Register where an amount due under a Tribunal award or civil penalty remains unpaid 14 days after service of a notice of continuing non-compliance, provided no objection or stay of enforcement is in place.
The amendments also establish procedures to protect affected parties' rights. These include:
- Right to object: A party may object in writing to a proposed entry within 14 days of receiving the notice of continuing non-compliance. The objection must identify the grounds and include supporting evidence. No entry will be made until the objection has been determined by the Director and written reasons provided.
- Correction and removal: Parties or other persons materially affected by an entry may apply to have it corrected, annotated or removed in accordance with the legislation.
- Payment in full: Where satisfactory proof of full payment is received, the Director must, within 30 days, either remove the entry or annotate it to reflect that the award or civil penalty has been paid.
- Judicial appeal: A person aggrieved by a decision concerning an entry on the Naming Register may appeal to the Supreme Court.
Importantly, the transitional provisions allow the new measures to apply to Tribunal awards made or payable before 2 November 2026, provided those awards remain outstanding when the amendments come into effect. Such cases will remain subject to the applicable notice and procedural requirements.
The Department of Labour has developed Procedural Guidance for the Naming Register for Unpaid Tribunal Awards to explain how the new provisions will be administered, including the notification, objection, correction and removal processes. The document is available in the Ministry of Economy and Labour’s Resources section at gov.bm.
The Employment Amendment (No. 2) Act 2026 is another step in strengthening Bermuda's employment relations framework, reinforcing the importance of compliance with Tribunal decisions while ensuring that affected parties are afforded the protections and procedural rights established under the law.
For further information about the amendments or the Naming Register for Unpaid Tribunal Awards, members of the public may contact the Department of Labour, Ministry of Economy and Labour.
