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Res Judicata and Employment Tribunals

Submitted by Firm:
Canterbury Law Ltd.
Firm Contacts:
Juliana Snelling
Article Type:
Legal Update
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THE DOCTRINE OF RES JUDICATA AND THE EMPLOYMENT TRIBUNAL

The well-known rule against having a "second bite at the cherry" in court proceedings has also been applied to proceedings before employment tribunals.

The Employment Act 2000 (the "2000 Act') established in Bermuda a mechanism for resolving disputes relating to employment rights under the 2000 Act. That mechanism includes establishing the position of Inspectors for the purposes of enforcement of the 2000 Act and an Employment Tribunal to hear and determine complaints referred to it under the 2000 Act. As a tribunal established by law for the determination of legal rights, the Employment Tribunal is a quasi-judicial body bound by the law and by all of the obligations inherent in a fair hearing that one would expect in a court.

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