The Court of Appeal has ruled Police Commissioner Derek Byrne misinterpreted the Police Act when imposing a shift change for uniformed officers, that reduced guaranteed annual vacation days from 22 to 15.
A two-and-a-half-hour hearing on Wednesday, 7 Sept., ended with the commissioner’s legal team, led by attorney Jevon Alcock, withdrawing the appeal, saying his clients had “conceded” to the court’s interpretation.
Alcock proposed a five-part consent order. The terms of the order are that the police commissioner willingly withdraw the appeal, enact the initial Grand Court ruling to reverse the shift change, suspend the shift-changing provisions from the police policy, revoke the shift change itself, and pay for the respondents’ costs.
The suit was initially brought by the Royal Cayman Islands Police Association, and senior constables Mark Miller and Roderick Evans.
The appeal court judges said, “The way the commissioner looked at this matter was wrong, despite, no doubt, having legal advice”, adding that the civil suit raised a “frustratingly difficult legal matter”.
During the hearing, the court found there was no suggestion of adequate consultation by the commissioner or any other high-ranking officer instrumental in the shift-change policy, ahead of its implementation.
“I am very happy with the outcome and the fairness of the court with this matter,” Miller told the Cayman Compass after the oral ruling. He added that a further statement will be provided.
The appeal proceedings were brought by the commissioner of police and the attorney general’s office, following a mixed ruling by the Grand Court judicial review into Byrne’s decision.
The Compass has requested comment from the RCIPS about the ruling, the police policy changes to work hours and vacation allotments going forward, but there was no reply by press time.
Background of the case
Prior to the new shift policy for uniformed officers being officially introduced on 1 Jan. 2021, officers had been working shifts of seven-and-a-half-hours per day, with six days on and four days off.
Under the new policy, officers are currently required to work 12-hour shifts, which include an hour off for lunch, with four days on and four days off.
The 12-hour shifts had been first introduced in March 2020, in response to a need for increased policing during the COVID-19 lockdown, Byrne explained in an affidavit submitted during the court hearing. From March to December that year, constables worked 12-hour shifts, while retaining their 22 days of annual leave.
In surveys of officers carried out by the RCIPS, the “vast majority” said they preferred those work hours, the commissioner said.
He added that to ensure that uniformed officers were on par with non-frontline staff who worked 7.5 hours a day, five days a week, and received 30 days of annual leave, constables on shift received an additional 15 days off, as well as the 15 days of leave under the new calculations.
Grand Court Judge Kirsty-Ann Gunn delivered her decision on the judicial review in early December, which initially quashed the police commissioner’s shift-change policy.
The Court of Appeal’s ruling has reaffirmed that decision.
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