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Friday, November 28, 2025
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Bahamian legal ‘gaps’ over unfair dismissal protection • Judge warns on ‘omission’ of many provisions BAHAMIAN law has “gaps” in the protection • Employment Act ‘minimalistic’ it gives workers against unfair dismissal, a Supreme to UK counterpart Court judge is warning, with employers able to dismiss • Ex-Family Guardian ‘rising staff “at any time” without having to provide reasons for star’ gains $166,230 their actions. By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
Justice Loren Klein described the Employment Act’s safeguards on this issue as “minimalistic” in a November 7, 2025, verdict where he awarded Shernal Bethell, a once “rising star” at Family Guardian as its Chippingham district manager, a further $166,230 after finding she was both wrongfully and unfairly dismissed by the BISX-listed life and health insurer. Comparing Bahamian legal safeguards on unfair dismissal with those in the UK, he added that employers in this nation - unlike their
British counterparts - have no legal duty or responsibility to explain why they are terminating an employee. And Bahamian companies can take such decisions/action in an instant once the appropriate notice, severance pay and benefits are provided. Justice Klein, contrasting the Employment Act with similar UK statute law, said that while the Bahamian legislation “is obviously” modelled on the British statute it “omits many provisions that
are fundamental” to unfair dismissal protections in that country. Unlike in The Bahamas, UK companies have the burden of demonstrating why they fired a worker and if this falls within various categories of “potentially fair reasons”. It is only after this is determined that a UK court or employment tribunal moves on to consider whether a dismissal is “fair or unfair”, whereas Bahamian firms do not have to pass the “potential
• • fairness” test as a first step in the process. Referring to Ms Bethell’s case, Justice Klein wrote: “The plaintiff’s claim, and the arguments of counsel for the plaintiff on the failure to provide the reason or reasons for the dismissal in the termination letter, bring into sharp relief a lacunae [gap] in the statutory position
A PROMINENT realtor yesterday argued that The Bahamas should raise the $1m economic permanent residency threshold by a further $250,000 to help fund this nation’s public services and social needs, as he argued: “We’re selling ourselves short.” Mario Carey, the Better Homes & Gardens Real Estate MCR Group founder, told Tribune Business that The Bahamas must understand the value it offers to foreign developers and
MARIO CAREY investors and adopt a new approach that shrugs off the traditional position of “always negotiating from a position of weakness”.
Asserting that the fear off scaring developers away is a “conversation that is so far gone”, he argued that The Bahamas should seek an even greater contribution from its economic permanent resident community while also holding resort, real estate and other developers accountable for the commitments made in their investment deals. Mr Carey told this newspaper that the Government must also “disclose every Heads of Agreement” that it has entered into with foreign investors so that Bahamians can understand what it is “giving away” in terms of
Ex-Chamber chief brands looting excuses ‘malarky’ By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net AN ex-Abaco Chamber of Commerce president yesterday dismissed excuses given for the looting of a recently-stranded barge as “malarky” as she urged The Bahamas to take “serious action” in both prosecuting the offenders and mitigating environmental damage. Daphne DeGregory-Miaoulis told Tribune Business that further prosecutions of persons responsible for looting the Brooklyn Bridge “absolutely” need to occur as wrong-doing occurred
DAPHNE DEGREGORYMIAOULIS regardless of how some persons “try and spin it”. Trailer Bridge, the Jacksonville-based operator of
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Aviation chair ‘premature’ on no fee hikes assertion EXECUTIVES with Bahamas Aviation, Climate and Severe Weather Network (BACSWN) yesterday asserted it is “premature” for the Civil Aviation Authority’s chairman to state he does not “foresee any increases in fees” for the industry in the near future. Michael Strachan, chief operating officer at the company which had earlier this year signed a Heads of Agreement with the Government for a $427m project to overhaul aviation safety and weather
monitoring, said the deal gives it the right to implement fees and charges for the products it will provide. He added, in a statement responding to comments by Devard Francis, the Civil Aviation Authority of The Bahamas (CAA-B), that BACSWN is hoping to implement the charged to be paid by all aircraft transiting Bahamian air space in 2026 once approval is obtained from the industry’s world governing body. And Mr Strachan also
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BRENT SYMONETTE
LINCOLN DEAL
Brent queries if ‘guise’ to support developer’s other projects PI, Rose Island developer in PPP with BFA and Government Eyeing marina, five-storey parking garage with retail aspect
By ANNELIA NIXON Tribune Business Reporter anixon@tribunemedia.net
Crown Land, tax breaks and other incentives so both sides can be held responsible for fulfilling their obligations. Noting that Bahamian real estate is “still a strong market”, he said: “I think the permanent residency market continues to prosper. I still feel there should be a caveat to that where there should be a ‘give back’ to a fund that is directed to social issues.” The Government, in the 2024-2025 Budget, raised the minimum investment required for economic permanent residency by one-third or $250,000, from $750,000
AN ex-deputy prime minister has challenged whether an $8m-$10m marina and multi-level parking garage project next to East Bay Street’s beach soccer stadium is merely a “guise” to support the developer’s other interests on Paradise Island and Rose Island. Brent Symonette, speaking at a Town Hall meeting on Wednesday night, expressed concerns over the five-storey car park, which would include a welcome centre, retail shopping and ferry boat access, plus marina that is being proposed through a private-public partnership (PPP) between HotelConsult Bahamas (HCB), the Bahamas Football Association (BFA) and the Government. Michael Paddon, HotelConsult’s representative, said that while the group is in advanced talks with the Government it does not have any financial details to provide. He did later on state that the PPP is estimating that a $8m to $10m investment id required, but clarified that nothing has been signed yet. While ready to proceed with their plans, they are waiting on the Government to give the go-ahead. “We are working in partnership with them right now, and so we're at advanced meetings and, at this moment in time, there is nothing signed,” Mr Paddon said. “But this Town Hall meeting has been put together so that we can listen to the public, hear what the public has to say, and also adhere to that when we are in the negotiations with the Government. The BFA, for example, we're working in combination with them, to really enhance this area.” HotelConsult Bahamas representatives spoke to the lack of dock access, which
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Bahamas ‘selling ourselves short’ on investor donations By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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Ex-DPM challenges $8m-$10m Beach Soccer park’s deal •
JUSTICE LOREN KLEIN
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