Legal:
Barbados is a common law jurisdiction which ascribes to the rule of law, freedom to contract and the rules of natural justice, with a tradition of modern legislation and vibrant litigation it is respected even in overworked courts. The highest court in the land is the Caribbean Court of Justice located in Trinidad. Even though the court is not located on the island, matters have been heard via video link negating the need for costly travel.
Employment & Industrial Relations:
There is a rich and storied history as it relates to labour relations in Barbados. The traditionally held view of the relationship, was that the employer seemingly held an unfair balance of the power and so measures have been put in place to ensure a more harmonious relationship. The enactment of the Employment Rights Act-2012-9 and the introduction of the Employment Rights Tribunal are two of the measures adopted in Barbados, not only to give workers the rights but also to guide employers on how to protect themselves, act within the confines of the law and to provide recourse for both parties.
Alternative Dispute Resolution:
In recent times there have been complaints from various sectors lamenting the length of time it takes for matters to be completed in the court system. It was noted by the
Chief Justice in 2015 that there were 2500 cases being filed in one year at the High Court with only 10 judges sitting, leading to a backlog. In efforts to remedy this, the courts have recently introduced court annexed mediation for those matters amenable to the process. Therefore, alternative methods of resolving disputes before or instead of going through the court system may be able to provide the commercial sector with a speedy resolution to problems. Parties via ADR can come to a solution that benefits both sides, unlike the win/lose outcomes available through the court. Alternative dispute resolution can involve negotiation, mediation and arbitration.
Other:
Often within commercial enterprises conflicts/issues arise which detract from the productive efforts of leaders and their teams. Corporate Investigations conducted in a legal, thoroughand effective manner can deliver the desired outcomes, relieve internal pressures and restore normalcy. Developing tomorrow’s leaders, careful and deliberate transferring of responsibilities via a seamless succession planning process is a responsibility of modern leadership. Succession planning is also critical for the survival of high performing entities.