9 & 10 March 2016

START DATE

END DATE

1-Apr-16

Minister of Home Affairs & The Attorney-General v. Melvern Williams

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Court of Appeal for Bermuda

Immigration Constitutional Law

Baker Bell Hargun

James Guthrie QC and Wendy Greenidge

Peter Sanderson

FACTS OF THE CASE:

Melvern Williams a naturalised British Overseas Territory Citizen deemed to belong to Bermuda was terminated from his job due to a notification by the Department of Immigration. He sought a declaration for his right to engage in employment without discrimination or the need for specific ministerial permission

SUMMARY:

Whether belonging to Bermuda includes the right to work without specific permission and whether the respondent was discriminated against based on place of origin

OUTCOMES:

The appeal succeeded partially. It was held that there was no breach of Section 11 but there was indirect discrimination under Section 12 against the respondent based on place of origin. Awarded damages for loss of earnings and breach of constitutional rights remained undisturbed

RULED IN FAVOUR OF:

Defendant (partially) and Plaintiff (partially)

PLAINTIFF/CLAIMANT

DEFENDANT:

DURATION (DAYS):

ISSUES:

RELEVANCE:

RULING:

RULING TYPE:

CASES CITED:

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