A
complaint filed by a Cayman resident who waited more than six months
to have his employer’s appeal heard before the Labour Appeals
Tribunal (LAT) has led to the discovery of nearly a dozen such appeal
cases that have been delayed outside statutory timelines.

The
delays discovered as part of a maladministration investigation
conducted into the LAT, with the assistance of the Department of
Labour and Pensions (DLP), identified 11 appeals cases that had been
delayed beyond the three-month timeline set in the Labour Law (2011
Revision) for the hearing of such matters.

The
delays ranged from just a couple of months to almost two years in
some cases. The Ombudsman determined the LAT’s actions in not
hearing the matters within statutory timelines amounted to
maladministration, defined as ineffective or inefficient management
of public affairs.

“To
delay justice is an injustice,” said Sandy Hermiston, Cayman
Islands Ombudsman. “It is simply not fair to make workers or
companies wait so long for a hearing. It defeats the original purpose
of the tribunal. On a positive note, the LAT and DLP have agreed with
our findings and have pledged to resolve the situation forthwith.”

One
method the DLP and LAT have suggested, particularly given the current
situation with COVID-19 around the islands, is to hold appeals
hearings via Zoom or other virtual meeting technologies, making it
easier to assemble the parties involved. The first such virtual
appeal hearing was conducted Friday, 5 June.

The
Ombudsman has also recommended that the LAT be staffed properly to
ensure such a backlog in hearing cases does not occur again.

DLP
Director Bennard Ebanks said: “The
Labour Appeals Tribunal operates independently of the DLP in order to
hear the appeals of anyone aggrieved by the decisions of the Labour
Tribunals. The staffing challenges identified by the Ombudsman will
be addressed, as DLP will now be directly involved in measures to
ensure the LAT is staffed properly to address the backlog in
hearings. I value the input of all of our stakeholders in order to
make the DLP, and independent Tribunals system better, and is an
example of the complaints procedures, and subsequent investigation
resulting in recommended changes for improvement.”

Ms.
Hermiston commented further: “This type of cooperation from the DLP
and LAT with our investigations is appreciated and will only help
improve public administration in Cayman. The goal of our office is to
promote good governance. This is rarely accomplished by simply
identifying problems or mistakes without making positive and
constructive recommendations which entities then act upon.”

To
file a complaint with the Ombudsman, please contact our office at
946-6283 or via email at info@ombudsman.ky.
All matters are treated with complete confidentiality.