MJM Limited presents on employment law to ABIC members

Posted by on Sep 20, 2012 in Local News & Alerts | 0 comments

(Hamilton, Bermuda, September 19, 2012) – Fozeia Rana-Fahy and Jennifer Haworth of MJM Limited, one of Bermuda’s leading legal services firms, this morning presented a talk on ‘Bermuda employment law: Restrictive Covenants in the Insurance Industry,’ to members of the Association of Bermuda International Companies.


The one-hour seminar covered the types of restrictive covenants available and their enforcement in Bermuda, the impact of wrongful dismissal and termination agreements, remedies available to the Bermuda employer including springboard injunctions, the impact of foreign governing law and jurisdiction clauses in global award agreements, the impact of restrictive covenants in bonus and share schemes,  immigration and insolvency considerations,  as well some take-away tips that employers could put into practical use.


Fozeia Rana-Fahy is a commercial litigation Asso­ciate practicing in MJM’s corporate group. Mrs Rana-Fahy is also an accred­ited mediator. She was in pri­vate prac­tice in the City of Lon­don from 2000 to 2004 practicing commercial litigation in the (re)insurance market.


Jen­nifer Haworth is an Asso­ciate in the firm’s lit­i­ga­tion prac­tice group. Mrs Haworth has a wide prac­tice in the areas of civil and com­mer­cial litigation including employment matters.


Fozeia Rana-Fahy, Associate, MJM Limited, who specialises in contentious commercial and employment related matters, says: “With poaching being quietly prevalent in the insurance and reinsurance industries, there are steps that employers can take to protect themselves in their employment contracts, employment handbooks, bonus schemes, share schemes and global award agreements. Today’s discussion covers the types of restrictive covenants available to the Bermuda insurance industry and their enforceability in Bermuda”.


Jennifer Haworth, Associate, MJM Limited, says: “Keeping employees in a highly competitive business can often be challenging. Before the economic downturn, businesses may have tried to compete against each other for potential clients. Since the economic downturn, other more insidious tactics are often used to secure business. However, employees have a duty of good faith, fidelity and confidentiality to their employer.  In addition it is wise for employers to have well-drafted restrictive covenants in the employment contract in relation to post-employment obligations.”


For further advice on employment matters, employers can contact Fozeia Rana-Fahy on 294-3612 or frana-fahy@mjm.bm or Jennifer Haworth on 294-3615 or jhaworth@mjm.bm.


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