Investigators are currently looking into almost 200 labour-related breaches in Cayman, but officials believe a great many more number of offences are going unreported.
Deputy director of Labour Loval Linwood has expressed concern that workers, Caymanian and non-Caymanian, may not be coming forward with complaints, either out of fear of losing their jobs or skepticism over the confidentiality of their reports.
Speaking on Wednesday’s episode of Cayman Compass talkshow The Resh Hour, she said, “I’m sure that there are more cases that we may not be aware of, but unfortunately, all I have is the current statistics to go by.
“I’m pleading, if there are matters that fall within the labour remit, please [come forward]… That’s why we’re here. We want those individuals to know that they have an avenue to reach out to and to file their complaints as long as it’s a matter that’s covered under our legislation.”
She added, “It is concerning, and it has been for quite some time” that individuals do not feel comfortable visiting her department and seeking guidance on labour matters.
A lot of times, she said, it is through interactions outside the office, like in the supermarket or on playdates, that she is met with complaints from workers about labour breaches.
“I try to redirect and share information on how they can seek assistance,” she said, adding that it bothers her that “persons feel that if they call the department, if they walk into the department, then immediately ‘my employers [are] aware that I’ve sought assistance’.”
Call for complaints
Linwood insisted that officers in the Department of Labour and Pensions will not engage with an employer without the complainant’s written consent.
“[The complainants] have to sign an authorisation form in order for us to reach out and assist in that regard,” she said.
Linwood said she wants members of the community to feel confident that their information is protected and their complaints are treated with confidentiality – from calls to the labour unit’s confidential tip line to in-person reports.
“When you utilise that tip line, [it] is only accessible by the director of labour, myself and the head of inspections,” she said. “Those are members of our senior management team.”
Even with the concern over unreported cases, Linwood said she has seen an increase in the number if complaints since borders reopened, as more employees return to their places of work.
Over the COVID period of 2020-2021, she said, complaints remained low.
However, this year the unit has seen a spike in reports prompting the almost 200 open investigations.
Unfair dismissals reports near 100
Linwood said, for this year, unfair dismissal complaints have topped the list of reports being investigated.
As of mid-October, she said, investigators were looking at 93 reports of unfair dismissals.
She said there were 72 reports of vacation pay breaches under investigation and 62 complaints over the timing of wage payments were being looked into.
Additionally, she said, 51 complaints about overtime breaches were being probed by investigators.
A number of these complaints may be from the employee or involve the same employer, she noted.
She said her department is receiving complaints from all kinds of industries, but a high number of breaches are being reported in the security field.
The complaints process
Once a complaint is made, there is a period of preliminary discussions that have to take place before a determination to be made on whether a complaint is valid and warrants being investigated and pursued.
The team then has a 90-day timeline in order to complete their investigation.
“So, within 90 days, the team should have an idea as to whether or not they’re going to achieve a resolution [through mediation with employers] or if there’s a need to then send the file on to the Labour Tribunal, for example, if it’s a matter concerning unfair dismissal or severance pay,” she said.
Director of Labour Bennard Ebanks would determine whether to send a matter to the tribunal if “we’ve come to a wit’s end and there’s nothing further we can do”, Linwood said.
The Labour Tribunal would then adjudicate on the matter.
When it comes to vacation pay, sick leave, maternity leave matters, she said, the unit would seek assistance through the Office of Public Prosecutions.
“We currently have 39 active labour matters [in court] ranging from wage [breaches to] overtime [and] vacation predominantly,” she said.
Linwood, who has been at the Department of Labour for over 17 years, said every complaint is treated seriously and actioned.
“You can call and share your details concerning the issue. You don’t have to give us your name. You can let us know what the concern is, which establishment it concerns,” she said, adding after that inspections team is engaged.
Head of Inspections Gene Hydes will then take the information and schedule his team to “do a full audit or on site inspection of the establishment,” she explained.
Know your rights
Linwood said, at the end of the day, it takes an employee knowing their rights to ensure the right steps are being followed in the workplace.
Training sessions on labour-related legislation and regulations are regularly conducted, at a cost of $75 per session, and are open to anyone in the community who wants to be educated on their rights in the labour force, she said.
“If employers would like us to come out to their establishment, we’re more than happy to do that, depending on the numbers. But this is certainly an avenue that we are pushing right now,” she added.
She said the unit’s doors are always open to members of the public who may just want to get information or guidance on labour matters.
Linwood said members of the public can visit the office between 9 am and 5 pm Monday through Friday at the Midtown Plaza in George Town or email [email protected] to lodge a complaint. Calls can also be made to the confidential tip-line 945-3073.
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