Employer tells court of his pension dilemma

Garth Arnold Ebanks, who formerly operated W5 Security Services, told Magistrate Grace Donalds on Thursday that he was willing to pay what the Pensions Office said he owed, but he had no income.

Mr. Ebanks’s company has been on Summary Court lists approximately 40 times since October 2008. Charges include failing to contribute to a pension plan for employees between January 1999 and September 2007.

When he first came to court he had a going business with employees and contracts, he told the court Thursday. He had to close his business in 2010 because he couldn’t get a Trade and Business Licence.

Crown Counsel Kenneth Ferguson confirmed that Mr. Ebanks will not get a license until his company complies with such legislation as the National Pension Law, Health Insurance Law and the Labour Law.

He said the principal sum the company was in arrears for pensions was $10,451.21, but because Mr. Ebanks had not been paying, interest has been accumulating. As of January 2014, the sum owed is $24,527.42, Mr. Ferguson advised.

If the charges go to trial and Mr. Ebanks is found guilty, the fines would be onerous, he added.

Mr. Ebanks said he had asked for a payment, plan but the National Pensions Office had told him they were not a bank. It was only last year that an officer of the now-combined Department of Labour and Pensions had told him he could pay “bit by bit.” However, his problem was, “I don’t have an income. I don’t have a business.”

Mr. Ferguson said if Mr. Ebanks had made the pension contributions every month he would not be having this problem now. People’s live are being affected, he pointed out.

“He is in a dilemma. He will not get a Trade and Business Licence unless he pays these monies,” Mr. Ferguson told the court.

Mr. Ebanks explained his position, asserting that pensions were not mandatory until 2002. His staff had told him they didn’t want to pay into a pension fund as they didn’t want any contribution deducted from their salary. On that basis, he never collected money from his employees toward a pension contribution.

Records kept by the Caymanian Compass indicate that trial dates were set on several occasions. On March 21, 2013, Chief Magistrate Nova Hall was told that the Crown witnesses were not in this jurisdiction and it would be expensive to bring them here. The matter was set for Sept. 19, 2013, when Magistrate Grace Donalds was told that prosecution witnesses were not available.

On the next date, Nov. 28, Magistrate Donalds was advised that Mr. Ebanks had made a payment and negotiations were under way to finalise a payment plan.

On Thursday, Mr. Ferguson agreed that Mr. Ebanks had made a few payments but had missed the last one and was asking for more time. The magistrate said Mr. Ebanks would have to make a greater effort, since he owes a relatively large sum.

“I would love to make greater efforts,” he replied. “It would only be of benefit to me.”