Employment and Labour Disputes

Comprehensive advice and services for employment and labour disputes.

Trott & Duncan’s employment team has specialist knowledge across all aspects of employment law and practice. Our breadth of experience and expertise ensures we find and tailor creative solutions to our clients’ requirements.

The deep range of experience across our team means you have an effective “encyclopaedia” of employment law at your call. We deal with complex cases at all levels, providing representation and services for employers and employees.

Whether you need an incisive and fierce representative in court, or detailed assistance in drafting agreements and contracts, our Employment and Labour Dispute team can help. We can also assist in the conciliation, mediation and arbitration of employment disputes.

Our employment and labour disputes services

Trott & Duncan have an exceptional record of success in dispute resolution for the following areas:

Employment litigation

Our team combines in-depth knowledge of employment law to act as an effective representative when employment and labour disputes arise. In any arena, you will have an astute, experienced and effective litigator in your corner. We ensure our clients understand all their options, so they have a clear view of every possible outcome.

Our team’s expertise ranges from representing trade unions, employers, and employees. We have experience in the Labour Disputes Tribunal, Employment Tribunal, Supreme Court and Court of Appeal. We deal with all areas including dismissal, employee benefits, bonus pay claims, team moves, restrictive covenants, and discrimination claims.

Employment advisory

A business’ most important asset is its people, and the contracts that govern that relationship are essential to setting out expectations on all sides. We can assist with all aspects of employment contracts and agreements, providing you with the guidance you need to effectively manage risk within your business.

Noteable Cases

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Dr. Gina Tucker v Public Service Commission & The Board of Education

The Appellant sought a declaration against the Respondents that the appointment of Mrs Kalmar Richards as Commissioner of Education for Bermuda was void on the ground of illegality and that the appointment be deemed null and void.
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Bermuda Prison Officers Association vs Labour Dispute Tribunal and Minister of National Security

Representation of Bermuda Prison Officers against the Government of Bermuda concerning the validity of a tribunal decision taking away their GEHI medical contributions. Constitutional rights of employees and their legitimate expectation to retain their GEHI benefit.
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Hamilton Properties Limited vs David Tucker

Application to strike out and Elements of the law on strike-out (RSC 18/9) Wrongful Dismissal and Unfair dismissal claims. Discrimination on basis of ‘age’, ‘disability’ and ‘place of origin’.
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750 Former Employees of Southampton Princess

Represented 750 former employees of Southampton Princess who faced redundancy due to temporary hotel closure.
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CI2 Aviation Bermuda Limited v Permanent Arbitration Tribunal [2022] SC (Bda) 26 Civ

Delroy Duncan KC and Ryan Hawthorne were instructed by the Bermuda Public Service Union (representing the former employees of CI2) to intervene in these judicial review proceedings, which were an appeal against a decision of the Permanent Arbitration Tribunal in relation to its interpretation of section 23 of the Employment Act 2000 (the Act), namely whether severance pay is payable to an employee where he is offered “re-employment by the employer”.
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We help clients with

All aspects of employment litigation:

  • Employment Act 2000 and common law claims in the Employment Tribunal and Supreme Court
  • Labour Disputes Tribunal and providers of “essential services”
  • Arbitration and mediation
  • Officeholder disputes
  • Distinction between employees and independent contractors

Expert employment advisory services:

  • Drafting employment/director contracts
  • Drafting settlement/compromise agreement
  • Advising on specific terms of employment (e.g. redundancy and severance pay)
    Advising on team moves, not compete clauses and restrictive covenants
  • Collective bargaining agreements, union representation and industrial action
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