Legislation governing unfair dismissal of Bermudian employees lags almost 20 years behind other jurisdictions, lawyers claimed yesterday.

While Bermudian employees are presently protected from wrongful dismissal under common law that binds employers to written contracts, there is no statutory legislation governing unfair dismissal.

"There is no safety net for employees who are unfairly dismissed,'' said lawyer Ms Elizabeth Christopher. "The law is very limited in particular with regard to offences committed against people who are not unionised.

"It is an issue that needs to be properly legislated.'' Non-unionised Bermudians are at a disadvantage compared with expatriates who are protected under their contracts from unfair dismissal without compensation, Ms Christopher said.

But yesterday, Home Affairs Minister the Hon. Quinton Edness said the issue was not currently on the front burner.

"We are not looking specifically into it,'' he said, adding that he was always concerned for the protection of workers who were treated unfairly.

At present, few cases by aggrieved Bermudian employees make it to court because compensation awarded in Magistrates' Court is not sufficient to cover legal costs, the lawyers said.

But according to lawyer Ms Clare Hatcher, other jurisdictions such as in the United Kingdom, offer statutory protection for unfair dismissal of employees.

A tribunal system puts the onus on the employer to justify the decision to fire an employee. Unless it comes under one of five legitimate areas such as redundancy, lack of capability or poor conduct, the employer is obliged to pay compensation or take back the employee.

However, an employee must have worked two years in the same job and must have filed his complaint promptly to qualify.

"It makes employers more vigilant,'' Ms Hatcher said. "It puts the onus on the employers to give their reasons for a dismissal. Here, it is up to the employees to prove their case.'' The situation was highlighted yesterday by employee Ms Pamela King who claims she was fired without notice from her cleaning job at Pink's Delicatessen in August.

Ms King claims racism was at the heart of the matter and that the establishment was riddled with tension between expatriate managers and black Bermudian staff.

Once, she said, the manager threatened to fire all the Bermudian staff and hire expatriates because of absenteeism and lateness.

This sparked a movement among the workers to become unionised but the attempt was quashed when Pink's Deli owner Mr. Frank Arnold told the Bermuda Industrial Union that the matter was settled, Ms King claimed.

From then on she was "constantly harassed'' with extra workloads, conflicting orders from management for which she took the blame and last minute changes in weekend schedules about which she was not consulted.

After her supervisor allegedly hit her during a dispute over scheduling, she said she was told by her employers to withdraw the complaint. After she refused, she was fired the next day.

Later she was told she would not receive her two weeks pay if she went ahead with assault charges.

A month after she agreed to sign a paper dropping all charges she was paid and given a reference describing her as "pleasant in demeanour, particularly as concerned customers who spoke well of her'' and a "dependable young woman whom we would not hesitate to recommend''.

But Ms King asked: "If I'm so wrong, why am I getting a full reference? I felt like a rat in a corner.'' Mrs. King also said she was angry as she was the only one disciplined. "This was very wrong,'' she said. "I have a four-year-old son that I'm raising. I don't want to go onto the system.

"People are afraid to do anything because they are afraid of losing their jobs. If you're not unionised, you can't do anything.'' Yesterday, owner of Pink's Mr. Frank Arnold refused to comment.

Bermuda Industrial Union, second vice-president Mr. Chris Furbert said all workers have the right to join a union of their choice. "The employer does not have the right to say no,'' he said.