Former Bank of Bermuda chief financial officer Edward Gomez (pictured) is suing his former employer, a writ he filed with the Bermuda Supreme Court revealed.

It could not be established if Mr. Gomez? action against the bank was tied to his being forced out as the bank?s CFO, a post he had held since 1995. Last month, Mr. Gomez was replaced by an HSBC executive ? a move that was announced months before when the bank announced the $1.3 billion sale to multinational banking giant HSBC Plc.

Mr. Gomez is understood to be the spouse of a Bermudian while his replacement at the bank is an expatriate. The bank had said previously that work permits for two new executives ? a new CFO and an HSBC executive was appointed chief operations officer on the closing of the sale ? were in hand.

Yesterday Mr. Gomez? wife Rhianon said her husband had no comment to make on the legal matter at this time. Calls left by with Mr. Gomez? lawyer, Dennis Dwyer of Wakefield Quin, were not returned.

The bank was also mum on the matter, saying: ?The bank has not been served with a copy of the proceedings. The bank is therefore unable to comment.?

Mr. Gomez, who had been with the bank since 1988, was the first to be made redundant following the announcement of the HSBC deal. He had been recovering for some months from back surgery early in 2003, but his leaving the bank was said to have nothing to do with his health.

The appointment of an HSBC executive as chief financial officer was said to be one of the conditions of the sale when it was announced last October.

At the time a bank spokesperson confirmed that ?HSBC have said that they are bringing in two senior managers, one will be a CFO?.

It is understood that Mr. Gomez may have received millions from the bank as part of his severance package.

Proxy materials issued to shareholders before the sale spelled out details of a bonus plan for senior executives, in exchange for waiving their rights under a 1999 severance benefits plan.

Mr. Gomez severance package was however left intact, as he was to be left out of the bonus package that would pay out a total of more than $11 million in cash and investments to the bank?s top five executives, including former CEO Henry Smith, now in the temporary post of executive director.

Although the bank only revealed the aggregate value of the bonus, a rough breakdown would see each executive paid more than $2 million.

The executive bonus, to be paid 14 months after the deal closed, is tied to cutting 150 jobs in the first year while 70 percent of those bank staff defined as ?key?. Mr. Smith?s bonus, as he is to be in his position for the short term, is not linked to these targets.

Although the terms of Mr. Gomez? severance package are not known, it is understood that he could have received more than the imputed $2 million or more he would have been due had he been included in the bonus going to the other executives.

In a previous interview with current CEO Philip Butterfield said the severance benefits laid out for executives ? after the bank hired an independent leading executive benefits consulting firm to advise it ? in 1999 would have seen them garner slightly more than under the terms of the severance plan.

At that time, Mr. Butterfield said that although executives, under the severance plan, would have each been paid slightly more, they were happy to accept the terms of the HSBC bonus.

?We saw it as an opportunity to affirm our commitment,? he said.