Court monitors charges against employers

An employer whose company has been before the courts since 2008 on pension charges had another company mentioned this week for charges of a similar nature.

Donald Thompson was charged personally and in the name of Precision Trucking and Equipment Services Ltd. with failing without reasonable cause to provide a pension plan or make contributions to a pension plan for 10 employees on various dates between 2005 and 2018.

Both defendants are further charged with failure to provide information to the Superintendent of Pensions. This matter has been before the court only since December 2018.

Mr. Thompson has another matter, in connection with Precision Landscaping, that first came to court in 2008.

On Tuesday, defense attorney John Furniss asked for the Precision Trucking case to be mentioned again on Feb. 12. He indicated that Mr. Thompson had not yet been served with papers in the matter.

The landscaping company case was previously adjourned until May 30. Mr. Furniss has previously told the court that his client had paid pension sums to workers who have since left the island, but he had not done so through the Department of Labour and Pensions. The court has asked for evidence of such payments.

Mr. Furniss also spoke on behalf of Luigi Moxam and Cayman Cabana on Monday. Some of these charges, which have been before the court only since last year, allege failure to pay the national minimum basic wage.

The attorney said these charges were related to a separate charge of failing to provide a gratuities statement.

The defendant admitted getting the statement to authorities late. Mr. Furniss said the statement would show that, in fact, Mr. Moxam was paying “far more than the minimum” wage.

Regarding charges of failing to make contributions to a pension fund for employees, Mr. Moxam was making monthly payments and was up-to-date, the attorney told Magistrate Valdis Foldats.

The matter was adjourned until April 29.

Two new employment matters were brought to court on Tuesday. C3 Infinity Broadband Ltd. has been charged with employing a person in contravention of conditions of a work permit. The allegation was that the company promoted or re-designated a named individual from senior network engineer to IT network manager without the relevant approval of the Chief Immigration Officer or Immigration Boards.

The offense was said to have occurred on or about June 2018.

Defense attorney Anthony Akiwumi received the documents in the case from Crown counsel Scott Wainwright and the matter was set for mention again on Feb. 19.

Company director Randy Merren attended, but the magistrate noted that Mr. Merren was not charged personally and therefore Mr. Akiwumi could appear for the company next time.

Marion Isabella Webster appeared on charges of failing to pay the national minimum wage and failing to pay overtime in regard to one employee between June 2017 and May 2018. Amounts involved were $2,089.47 and $3,098.25.

Defense attorney Lee Halliday-Davis asked for the matter to be mentioned again on Feb. 26.

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