“The Tribunal seemed to acknowledge that Ms. Hoffmann’s transgender status was the catalyst for the breakdown in the employment relationship, but they limited their interpretation of gender to biological sex, which narrows the scope of protection and fails to reflect evolving legal standards internationally — even those on which our own laws are based.”

This was the view of Michael Koeiman, one of the panellists at the Human Resource Management Association of Barbados (HRMAB) signature event, Case & Cuisine: Legal Bites & Insights – Deconstruction of the Alexa Hoffmann v. Court Caribbean Law Practice, held on April 2, 2025, at the historic Island Inn Hotel. The event brought together legal and HR experts to explore the far-reaching implications of the August 2024 Employment Rights Tribunal (ERT) ruling.

The session was designed to pull actionable lessons from the case for HR, industrial relations, and management professionals and integrate those learnings into contemporary HR best practices across Barbados.

Though the ERT ultimately dismissed Alexa Hoffmann’s claim for unfair dismissal, the panel discussion illuminated several procedural, ethical, and legislative issues that merit greater national attention — including the need to modernize workplace legislation to reflect the realities of gender identity and inclusive employment.

Expert Panel Dissects Case and Ruling

• Moderated by Davina Layne, the panel featured:
  • Michael Koeiman, Head of Employment & Labour, Dentons Delany
  • Michelle Russell, Employment Law Expert and Legal Counsel
  • Nancy Solomon, HR & Employment Relations Specialist

Nancy Solomon emphasized the importance of trust and transparency in employment relationships. “From an HR perspective, entering into the employment relationship under an undisclosed identity and only later revealing it raises legitimate trust concerns,” she said. “But that does not excuse the employer from following proper procedures — documentation, communication, and formal disciplinary steps were noticeably absent.”

Michelle Russell added that even if misconduct were present, fair process was still required: “Under the Employment Rights Act (ERA), no matter how difficult an employee may be, employers cannot simply send them home without pay, without notice, and without process. The law is clear — procedural fairness is not optional.”

Legal and HR Lessons: Alignment Needed

HRMAB’s expert panel agreed that the Tribunal’s ruling — while lawful under current statutes — exposes a legislative gap that must be addressed. Specifically, HRMAB is calling for:

• The Employment (Prevention of Discrimination) Act, 2020-26 to be aligned with the Employment Rights Act (ERA)
• Explicit recognition of gender identity and expression within employment legislation
• Improved HR protocols around name changes, employee communication, and suspension procedures
• Increased employer training on managing diverse workplaces with compassion and compliance

“This is not about special treatment — it’s about fairness under the law and ensuring that both employees and employers know where they stand,” said HRMAB President Tisha Peters. “HRMAB remains committed to guiding Barbados toward a more inclusive, informed, and rights-based approach to employment.”

Raising Awareness Through Education and Storytelling

The Case & Cuisine session, captured through videography and photography by Graham Belle of Belle Imagery, will be shared as part of HRMAB’s ongoing efforts to promote awareness of employment rights, legal obligations, and inclusive workplace culture.

As the leading organisation on HR and Employment Relations in Barbados, HRMAB continues to create fora that educate, challenge norms, and build consensus toward a future of equitable and professional work environments.