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Legislation ensures ‘employment justice works’

Veritas Place, where the House of Assembly is held (File photograph by Blaire Simmons)

Legislation that provides greater protections to employees during rest periods was passed in the House of Assembly.

The Employment Amendment (No. 2) Act 2026 — which received objections from the One Bermuda Alliance over the definition of the term “off duty” — makes provisions for measures that prohibit an employer from taking disciplinary action against an employee while on leave or off duty.

It also makes provisions affecting the imposition of civil penalties by the Employment and Labour Relations Tribunal for noncompliance and provides for the extension of the timeline for the delivery of tribunal decisions.

Jason Hayward, the Minister of Economy and Labour, told the House on Friday that the legislation has its genesis in a report which was submitted by the Labour Relations Tribunal.

He said after reading the report, he took it to the Labour Advisory Council and they collectively discussed the provisions in the amendment.

“The consensus of the group was extremely supportive,” Mr Hayward said, adding that the reforms were not promulgated “in isolation”.

He said: “The outcomes that we have today will have a meaningful impact on those trying to seek employment justice.”

Mr Hayward said at the core of the legislation, which amends the Employment Act 2000 “is about ensuring employment justice works”.

Michael Fahy, the Shadow Minister Economy, Labour and Housing, said there were many aspects of the legislation “which makes a lot of sense”.

However, he said there was no clear definition in the legislation of the term “off duty” noting that it is merely a concept.

“Those concepts have to be fleshed out in our opinion,” Mr Fahy said.

Mr Hayward said the term off-duty “has an ordinary meaning, where a person is free from work tasks or job responsibilities.”

My Fahy noted that people may have defined terms in their contracts, which determines when they may or may not be off work.

He noted too that someone may also be a professional “and you’re pretty much on all the time”.

He added: “If it's going to be something specific, it needs to be defined in our view.

“Amend the Bill today, find a term that someone can put their hat on and say we've heard it, we're going to amend it.

“This is a very serious point because it will appear in a tribunal later, I can absolutely assure you that's bad law otherwise.”

Mr Hayward said: “So here is the beauty of employment law and the employment tribunal, it will be left to the employment tribunal to do the reasonable interpretation.”

The legislation was taken to committee where it was passed.

On Friday, the House also passed the Insurance Amendment Act 2026 which is aimed at improving the structure of the island’s insurance industry.

Dennis Lister III, the Junior Minister of Finance, said amendment to the Insurance Act 1978 makes provisions for insurers to file with the Bermuda Monetary Authority statements of its assets and liabilities, and for such statements to be published by the body.

Mr Lister said the BMA engaged stakeholders regarding the proposals in the Bill, adding that the body addressed feedback and made changes where necessary to the legislation.

He said the BMA will remain engaged with stakeholders to ensure the legislation’s aims are achieved while outcomes which arise will be addressed.

Douglas DeCouto, the Shadow Minister of Finance, said the OBA supported the legislation.

He also complimented the BMA for engaging with the insurance industry.

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Published September 27, 2026 at 1:31 pm (Updated September 27, 2026 at 1:31 pm)

Legislation ensures ‘employment justice works’

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