(876)964-4046 
June 17, 2018 is Father’s Day and I thought it quite timely to discuss the matter of child custody. In Jamaica, there is a perception that mothers are the main caregivers and in cases where parents separate/ divorce, mothers usually believe they should get sole custody of the child and in some acrimonious instances, refuse the father from visiting their child/ children.
Continue reading A Father’s Rights to Child Custody and Visitation
In recent months there has been a resurgence of conversations regarding the absence of a sexual harassment legislation in Jamaica. The legislation we hope would clarify the boundaries of what is prohibited, to encourage prevention (through sexual harassment policies) and to provide an early response mechanism within workplaces, to ensure fair treatment of workers during disciplinary proceedings. Having a legislation would require the employer to keep the workplace free from harassment.
For many women and men in the workplace, they do not know what constitutes sexual harassment and there is a culture of silence surrounding this topic in Jamaica because we have concluded that being groped or spoken to inappropriately by a member of the same or opposite sex while working is the norm. Harassment in the workplace can be classified into two groups that covers sexual misconduct in its entirety: Hostile Environment and the Quid Pro Quo Effect in the workplace. A hostile environment means that whenever you are working you have someone that is constantly trying to touch you inappropriately, trying to get in your space even when you are consistently telling them no and that you do not like the idea of them approaching you in that way. While the Quid Pro Quo reaction is when another person attempts to get you to perform a sexual activity to them for you to be promoted or propel your career.
If you feel that you are being harassed on the job, you can take the following steps:
Additionally, if you are dismissed from your workplace because you refused some sexual advance from a colleague, the recommended response is to report this to the Ministry of Labour and Social Security or your Attorney.
About Author:
Abi-Gaye White-Thomas B.A., LL.B (Hons)
Attorney-at-Law
Manchester, Jamaica
Tel: (876)964-4046
Whatsapp: (876)827-8050
Email: law@balcostics.com
The month of May is Child’s Month and under The Child Care And Protection Act, a child is defined as a person under the age of eighteen years. Many persons are not aware that there are laws to protect the rights of a child and this week we want to examine some of the rights that our children.
This week we conclude our subdivision series by outlining the main steps that one should follow when applying for individual titles from the National Land Agency (NLA).
The steps are as follows:
The entire process can be onerous and it is imperative that you engage the services of professionals to assist with your subdivision application.
About Author:
Abi-Gaye White-Thomas B.A., LL.B (Hons)
Attorney-at-Law
Manchester, Jamaica
Tel: (876)964-4046
Whatsapp: (876)805-6688
Email: law@balcostics.com
In rural Jamaica we are familiar with the common practice of land being gifted from one generation to the next. This land is often divided among family members where one person owns “di piece up a top” and another “di piece from di mango tree to the fence.”
This division of land is analogous to a subdivision – the process of dividing a parcel of land into a number of lots and obtaining individual titles (splinter titles) for each lot. All subdivisions must be approved by the relevant parish Municipal Corporation before the land can be divided into the various lots. The Manchester Municipal Corporation located on Hargreaves Avenue, approves subdivision plans for lands located in the parish.
Continue reading Understanding the Subdivision of Land Application Process (Part 1)
Workplaces are required to provide a safe environment for its workers. This includes a duty to provide competent staff and adequate equipment. The concept of a safe system of work is not restricted to providing proper functioning equipment; it extends to providing adequate training and supervision of employees where that is necessary for a safe working environment. The employer is required to give notices and warnings to its employees regarding the ways in which to work safely, highlighting dangers and conduct that they should refrain from in order to maintain safety.
However, accidents do happen on the job and an employee who is injured would require medical attention. In which case, some form of workplace compensation (usually monetary) would be given – usually to help offset medical expenses and all other expenses that occurs when an individual is unable to work.
You have a great idea for a business product, a book, an awesome app, a unique design or some other creative project. Your golden ticket out of your 40-hour week, or maybe just a great side hustle that can earn you some extra money. You may be looking for ways to start working on it but you have one major fear holding you back – if you tell anyone about it or you don’t approach it strategically, someone may steal your idea and capitalize on your intellectual asset.
It’s a common fear among entrepreneurs, startups and small businesses, the looming idea that someone bigger and richer will realize the value of your idea and exploit it. Fortunately, these intangible ideas – the products, brands, designs, technology or creative works are intellectual assets that can be protected through intellectual property (IP) law and strategy. With the intellectual assets of the world’s biggest companies forming the majority of their asset portfolio and valued billions of dollars, IP protection and strategy has become a fundamental part of how business strategy, growth and expansion. The greater your understanding on how to identify the value in your intellectual asset and what steps to take to protect it, the greater your likelihood to succeed.
Many persons have had the misfortune of misplacing or destroying documents that are of high importance. Whether it was a passport, birth certificates, health cards or your land titles. Yes, even land titles get lost. Your land title is a document that state that you are an owner or part owner of a land, it shows proof that the land is yours. It would be expected that a document such as this would be kept in a safe and secure place so that no harm might come its way, but accidents do happen and there may be a need to replace a lost title.
There are individuals who would rather not go the route of adoption and who would seek to not have something so permanent. This week we will examine the option of Foster Parenting.
Foster care is a way of providing a family life for children who cannot live with their own parents. Foster care is often used to provide temporary care while parents get help sorting out problems, or to help children through a difficult period in their lives. Often, children will return home once the problems that caused them to come into foster care have been resolved and it is clear that their parents are able to look after them safely. Others may stay in long-term foster care, some may be adopted, and others will move on to live independently.
Over the past weeks, I have dialogued with a few professionals who have expressed their desire to adopt a child. Adoption is a very personal decision for prospective parents to make. It’s impossible to say there is one reason why people adopt — because, in actuality, every family chooses adoption for different reasons. Adoption is the process by which a child’s biological parental rights are transferred to another adult or a couple who will assume all the responsibilities of raising the child. In Jamaica, there are two types of adoption procedures:
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