Labour, Employment & Immigration law

Fozeia Rana-Fahy
The Supreme Court of Bermuda handed down its judgment in the matter of The Minister for Home Affairs v Carne and Correia [2014] SC (Bda) 9 Civ (2 May 2014) (510 KB PDF) on 2 May 2014. The fundamental result of this judgment is that under certain circumstances, holders of Permanent Resident Certificates (“PRC”) who have been resident in Bermuda prior to July 1989 can now apply for Bermudian Status — an application which Chief Justice Kawaley described as “one of the most significant applications that it is possible for an applicant to make” pursuant to the “beauty in the sleeping provisions” of Section 20B of the Bermuda Immigration and Protection Act 1956 (“BIPA”).

Fozeia Rana-Fahy
The Incentives for Job Makers Act 2013 and the Bermuda Immigration and Protection Amendment (No.2) Act 2013 came into operation in December 2013. These two acts effectively introduce various changes to the Bermuda Immigration and Protection Act 1956 (“BIPA”) and the Economic Development Act 1968 (“EDA”) which seek to make it easier for companies to obtain work permit exemptions for certain senior executives and for certain senior executives to be eligible to apply for a Permanent Resident’s Certificate (PRC).

Fozeia Rana-Fahy
There have been a number of developments in immigration laws and policies this year which have and will impact international and local businesses in Bermuda. The Incentives for Job Makers Act 2011(59 KB PDF) came into force in 2012 which introduced changes to the Economic Development Act 1968 (“the EDA Act”) and the Bermuda Immigration and Protection Act 1956 (“the Immigration Act”). Essentially, under these amendments, a qualifying company is able to apply for section 3(B)(2) designation under the EDA Act. If granted such designation, the company is able to make application(s) under section 5 of the EDA Act whereby senior executives can obtain exemptions from work permit requirements as set out in the Immigration Act. Thereafter, if various requirements and qualifications are met by the company and senior executive, the senior executive can apply for a permanent residency certificate under the Immigration Act.

Jennifer Haworth
In March 2013, the Chief Justice issued a decision in the case of Kentucky Fried Chicken (Bermuda) Ltd v Minister of Economy Trade & Industry and the Bermuda Industrial Union [2013] Bda LR 19 (381 KB PDF). Kentucky Fried Chicken (Bermuda) Ltd. (“KFC”) sought judicial review of the Minister of Economy Trade & Industry’s (the “Minister”) decision to refer KFC’s dispute with the Bermuda Industrial Union (“BIU”) to binding adjudication under the Trade Disputes Act 1992 (the “Act”). The Chief Justice refused KFC’s application citing the Court’s limited ability to review such references and only in “extreme cases”.