Resources
Strategic Through Knowledge
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“You Left Me No Choice…”: Constructive Dismissal Explained
An employee may be dismissed by their employer, even if they never hear the words “You’re fired!” When we think about being dismissed from work, we often picture a situation where the worker is called into the boss’s office and asked to close the door behind him, then – after nervously taking a seat – […]
Special Resolutions: Turning Major Company Decisions into Corporate Reality
In Jamaica’s corporate landscape, the most transformative company decisions and changes begin with one powerful mechanism: the passing of a resolution. A resolution is a means to record a binding decision made by the company’s board of directors or its members. While some decisions may simply deal with daily management of the company, others can […]
Bondholder Rights: The Provisions That Shape Outcomes
In recent years, bonds have become an increasingly visible part of Jamaica’s investment landscape, attracting investors seeking predictable income and portfolio diversification. However, in my experience, bondholders often focus primarily on yield and maturity, only later turning their attention to the rights, protections, and enforcement mechanisms embedded in bond documentation. Bond documents are often lengthy […]
Raising Capital in Jamaica: Legal and Governance Pitfalls to Avoid
Capital raises are often approached with a primary focus on how much to raise, at what price, and from whom. However, the success of a capital raise may be impacted by a number of matters. For boards and potential investors, a capital raise is a moment of scrutiny. It tests governance discipline, regulatory readiness, and […]
Vicarious Liability
Only Their Mistake, But Your Shared Liability? Employers are responsible for their employees’ safety at work, for providing certain benefits, and for paying their employees on time and in full for work done, among other things. These are the obvious obligations which employers will always have in mind. However, often forgotten or unknown is that […]
Taking Charge of Data Subject’s Rights
Every day, we share personal data—when we open bank accounts, shop online, visit the doctor, conduct business or use social media. Names, phone numbers, email addresses, photos, and even location data are constantly being collected and stored. Jamaica’s Data Protection Act (DPA) was introduced to ensure that those who collect this information have the obligation […]
Lay-Off: What happens at Day 120?
In the aftermath of Hurricane Melissa, many Jamaicans now face prolonged lay-offs as businesses struggle to rebuild. Many workers and employers misunderstand the law governing lay-offs. They assume that once 120 days pass, the employment relationship must automatically end and redundancy pay must follow as of right. That belief is wrong and a misunderstanding that can cost both […]
Perfecting Security Agreements in Jamaica: The Key Step Many Businesses Overlook
In Jamaica’s commercial landscape credit, financing, and investment, drive business growth, and the creation of security interests is a routine part of doing business. Yet, the true value of a security interest lies not in the agreement itself, but in its perfection. In practice, the difference between a perfected and unperfected security interest can determine […]
Fortune, Frustration, and Force Majeure: A Hurricane’s Effect on Contracts
By now, all Jamaicans are acutely aware – and in no danger of forgetting – what the term ‘Category 5’ truly means. The devastation which hurricane Melissa wrought, has made ineluctably clear, the urgent need to embed hurricane resilience into every aspect of Caribbean life, including the way we do business. Companies generally rely on […]
A Policy That Buys Time: Business Interruption Insurance After a Catastrophe
The aftermath of a major storm like Hurricane Melissa is dominated by visible repairs: roofs need replacing, roads need clearing, slowly we rebuild the things in our lives. This is often the work of property insurance. However, for businesses the greatest loss is often not the one we see, but an invisible loss of revenue […]
