Naming & shaming begins
(CNS): The National Pensions Office has begun posting the names and details of employers who are now in the court system as a result of being delinquent or not compliant with their obligations under the law regarding pensions. Many of the cases, however, have gone on for years and of the sixteen cases now posted only one actually has a trial date set. Most cases have been adjourned and new mention dates set but in several cases warrants have been issued for the failure of the bosses to turn up to court and face the charges.
So far officials have failed to prosecute any of the most seriously delinquent of the more than 1,100 employers who are accused of being in arrears or to have committed pension violations.
The sixteen entities posted on the website represent some of the worst violations that have gone on for many years. From gardening firms to gas stations and construction companies to security firms, the list covers a variety of employers and offences. Some employers are charged with multiple counts of failing to pay pensions, some with failing to supply information and others with simply not providing a pension plan at all.
The issue of serious pension delinquency has been an issue for years and the lack of enforcement has had much to do with the ballooning problem which has resulted in such high levels of delinquency.
Although the government is reviewing the entire law surrounding mandatory pensions for the private sector, the issue came to a head this month when the complaints commissioner revealed that government has implemented less than half of her recommendations from a three year old report and delinquency in that time had increased by 70%.
The list of named employers, the companies and charges are on the NPO website here and attached below.
Category: Crime
Not to belabour the issue, but just a few more ideas, 1) Reduce the pension withholding to 6% total. This will put more cash into the economy, and hopefully stimulate growth, as well as reducing the burden on businesses. 2) remove the pension/health care liability for part time employees. I have talked to a number of employers who want to hire PT staff, but the costs imposed by govt make it prohibitive. Isn’t it better to have persons employed with a part time job without benefits, than for them to have no job? Plus in many cases social services is supporting these same individuals 100% with our duty dollars. Why pay the whole ride when they are able to work, and only being held back by ill conceived labour laws, that deter their employment?
Personally I think the administrative burden on small businesses is too much. I think businesses of 5 or fewer employees should be allowed to file quarterly. These small mom and pop stores cannot afford a full time admin person, and putting them out of business is counter productive. Alternatively, maybe the pension administrators could offer filing assistance to said small businesses.
That's just 16 out of how many? Hundreds? More names please?
They prob need to be charged first.
If I was an employee of one of these companies, I would go to the police financial crimes unit and file a complaint that my employer stole my money, then I would get a lawyer and sue them for theft and fraud! Is a class action possible in Cayman? Look out…
How are their business licenses being renewed? Government is so inefficient and disconnected.
Good thought, but lawyers cost a fortune here and they won't do anything without money up front.
They should grab at it. That's an easy win if I ever saw one.
I believe it would be a good idea if a committee is set up to regulate their fees, because I am sorry for the poor man who has to hire one, and they want up to the 1Cent that is owed or they start to threaten with holding the case or misrepresentation.I
Great move on naming & shaming these people.
Now how about naming & shaming the SEX OFFENDERS for our safty.
or name and shame some of them that owe lime twenty thousand dollars
In most cases, the money was not deducted from the employee. In fact, many low income wage earners prefer not to be in a plan.
Direct public action is required – namely boycotting any business owned by people named until and unless they can prove that all pension monies have been paid.
Funny don't see the biggest offenders in the Cayman Islands-any from Brac?????
THEFT PLAIN AND SIMPLE!!!! We all know several people on this list, and I will no longer do any sort of business with them.. I have a small business with 15 employees, I sometimes take homeless than my employees BUT i make sure ther pension, health is paid for. I do wish I didnt have to pay it but guess what i do, so i pay.
Relax people, read some good poetry and get ready for the prose of the rich that try to justify thier stolen goods from the people.
I would like to see the parents of all these young criminals named and shamed, maybe that will make the rest of them who are dragging up their children do a better job.
ENFORCE!! ENFORCE!! ENFORCE!!
Why would Tara start spinning wheels all over again to review the law for 2 more years?!!!
Spend your time wisely to ENFORCE what you already have!
The last Minister already wasted three years to review and develop a new law instead of ENFORCING!
And, please work on my complaint! The NPO wasted over three years, actually issued Orders, then caved into pressure from th employer!!! Why not ENFORCE, instead of violating your own laws?!!!
Ms. Williams spent valuable time to review and make suggestions to ENFORCE…and now the NPO wastes arguing over her facts instead of spending time to ENFORCE!!
You don't need more people to work harder…you just need to work smarter to ENFORCE!!
The list indicates that many of those companies are owned by pesons who came to our shores under the Laws of the Cayman Islands. Of course, they are in search of a pot of gold. No other place in the world where you work persons and don't provide for their benefits as prescribed by Law, to the best of anyone's knowledge "Salavery was abolished many many years ago". ONLY IN CAYMAN where we do not eENFORCE OUR LAWS, that is why so many are getting off the hook – it's about time we nip such irregularities in the bud that before such becomes a Social Service matter or a social unrest problem on our hands.
Ms. Williams and the team – hats off to you all.
05;24
You are so full of it !!!
These employees were all paid for their service. why should we ad on another 5% to their salary?
Where does slavery come into this? did we tell the government we were coining all this money that we could now afford to give away an extra 5% ???
Williams need to take care of that 360 billion pound, black hole in the UK pension. Tell her to go there and suggest to the Government to shut businesses down.
I suppose you are one of the persons on the delinquent list or have not yet made the list??
How about the MLAS that collect a career paycheck and retirement pension benefits simultaneously: Why isn't that double dipping also considered theft?!?
Because 11:06, quite simply, it is not theft. It is not in any way a criminal act even though you may not like it. But I bet if you had the chance, you would double dip too.
You are entitled to do that. Just like if you have any other pension and then continue to work.
Thanks for providing us with this information CNS. Shameful people, some of whom consider themselves to be prominent Caymanians, living high on the hog. Perhaps Central Tenders Committee and anyone else who looks into government contracts should not even consider using companies unless they prove they are compliant with the laws and up to date with pensions?
Some of these are good Christians who attend church. Looking forward to judgement day!
Good Christians? LOL please don't allow that to fool you… Those "Christians" that you think are going to heaven are the same ones that are going to hell! Greed has overwhelmed this little community. They spare the rod and spoil the child, they allow child molestors to go free, they are so corrupt, need I continue???? "Christians"??????? This island has a plague on the way if it isn't already here…. Christians???? Please revisit the meaning of God Fearing and cross reference it with Christian.
Not because you go to church makes you a "Christian" Don't get it twisted! If half of this community lived by the 10 commandments and didn't attend church… Maybe then they would stand a chance. Truth is they don't even do that. They act like they care but they really don't…
If they were such this "Christian" that you speak of, their names would not appear on the list… And may I remind you, one of the 10 commandments is Thou Shalt Not Steal. And that's exactly what both parties (pensions & employers) are doing.
Stay Tuned….
I am owed a few grand from a former employer who never bothered to set me up with their existing pension plan after the "pension holiday" ended, but the process to recover what should have been paid is too exhausting to bother initiating action. I'm sure there are others like me out there.
If you can't be bothered drafting up a two page complaint or are too cheap to pay a local lawyer then don't come moaning to us.
The "local lawyers" are already in on the game. Get somebody as independent as possible.
The 'local lawyers' will steal from you too. I know one who was hired in an auto accident case. When the insurance paid the 'local lawyer' representing the client, he kept the money. So the client would have tosue his own lawyer to recover the funds paid in his claim They just gave up.
Please report that to the Law Society and CBA.
He won't because it is a made up story.
More racist nonsense where 'local' is code for Caymanian. There are unscrupulous people of every nationality and those that have gained the most from shady deals in Cayman have not been Caymanian.
It should be pointed out to those of you who don't know – there is no law in the Cayman Islands to enforce judgement on parties found to be owing a plaintiff.
Lawyers will never tell you this up front, because they will happily take your money to fight for your rights, knowing full well that the odds that you will ever recover funds awarded in a court order are poor to none.
It could easily cost a plaintiff several times more than they are seeking to recover if they choose to engage an attorney to do so. Not only will they be out the cost of the legal representation, they will probably never be paid the funds awarded in a court of law.
Welcome to the Cayman Islands, where doing business is always at your own peril.
A good starting point would be make it easier to force sales of residences owned by debtors.
And yachts and boats and fancy cars….
It turns out that 2 page letters from local lawyers cost $5000.
Thank the restrictive legal access rules in Cayman imposed by the Caymanian Bar Association to protect their own profit streams. Had it not been for that legal services in Cayman could be provided a half the cost if not less. Restrictions on recruitment of junior staff and fees imposed to prevent client friendly outsourcing are two of the many examples of this.
Now that is complete nonsense. The CBA has no power to impose any such rules and its existence has nothing at all to do with cost of legal services which is all dictated by the market which is obviouslyfairly open given the fact that a number of foreign firms have set up practise here in recent years, unlike say, Bermuda.
10;29
The pension law states; both employer and employee must pay in to a pension contribution. why didnt you pay your share? its your f@@@@ retirement! you are just as guilty as your employer. they should charge you also. most of you want your full wages, and at the end the law wants employers to pay it twice…
What's to stop these companies liquidating rather than paying up? There should be criminal prosectutions. I doubt that will happen though- looking at the list these are all Caymanian-owned companies that employ a lot of Jamaicans and Filipinos.
Then the liquidators could proceed against the directors for their breach of fiduciary duties.
And just who will pay the liquidators may I ask, when there is no money to pay for pensions.
If the directors have assets, imaginative liquidators will find a way to bring the claim.
If the Directors have assets imaginative liquidators will find a way to get their fees paid.
To have an imaginative liquidator you must first find one and appoint him at the commencement of the liquidation. To commence a liquidation you need a lawyer which will cost $5000-$10,000 and a further $5000 to pay the court. Now who will raise that money? In my experience in local insolvency situations it is difficult to find anyone to petition for a local liquidation and almost as difficult to get an imaginative liquidator to act. Fees are always uppermost in the minds of most liquidators and Pro Bono work is almost unheard of.
However let us suppose you find your imaginative liquidator who incidentallyrisks the wrath of a company owner who will employ local means to try knock him off his perch. Next he needs money to pay lawyers, even if he defers payment of his own fees. Lawyers require to be paid and are not permitted to act on a contingency basis. That leaves raising money from a litigation funder. So far so good.
Frequently a litigation funder will require a QCs opinion on the merits of the case which costs money and guess who is meant to pay for that? Nevertheless let us press on. Litigation funders have increased substantially over the past two or three years and most are looking a rather larger amounts than those amounts lost in a Caymanian local liquidation. By the way you can expect to give away 30-50 per cent of the winnings.
There is an alternative which is to request creditors to advance money to liquiators to fund lawsuits. In my experience this is not likely to happen. Most creditors believe they are throwing good money after bad money.
Meanwhile there is one big problem. Due to the outdated companies law that we have, we are stuck with directors being indemnified against all actions other than fraud and willful default. So try collecting! By the way I have advocated for years that the law be amended with no success. It must be in the public interest that the law be changed. However with thousands of directorships being held by lawyers that is unlikely to happen.
It is ironic that one company director on the list of yhose companies in arrears had a previous company placed into liquidation as it was insolvent largely because the two directors milked to company. Action was taken by an imaginative liquidator and a settlement was made.
In conclusion I find that the comments made by you and your predecessor fail to address the practical issues of suing wayward directors in local companies. But at least you have enabled the public to more fully understand the problems confronting imaginative liquidators in the Cayman Islands.
Thank you Chris, thats the most sensible statement i ever heard on this comment.
In most of these cases there is plenty of money, just look at how much the directors/owners take out every year to pay for their multi million dollar mansion, boats and luxury cars.
Most of these companies have plenty of profits for dividends but not enough to meet their obligatoins under the law.
If they are trading while insolvent, the the directors are personally liable and their own assets included,
They all have money. Just too cheap to pay the insurance. Jail time (one month for every 500 unpaid) is the solution.
Good point though. You don't miss much Chris.
I thought for sure a certain credit bureau would be on here but I guess not yet!
This list is missing a major employer who has colluded with their employees to violate the NPL! Even worse, the employer has a substantial ability to comply. Those in a position to enforce have known about it for over four years and have yet to enforce, and obviously are not naming and shaming them in this list!
I hope those on this list comply immediately, but the people in the position to enforce should do so fairly and consistently.
Can the public share the names of the known violators? I'm a victim (but not a disgruntled employee either), and would like all of the employers to know how another employer has gotten away with non-compliance. Why does the pension office get to choose 16 to name and shame? Yes, where is the Chamber of Commerce?
Please enforce…fairly and consistently…stop the blame game and stop the legal tactics…this is a can of worms that can suck the government into the legal "system" for years. Not a good way to spend those retirement years!
SHAME on the powers that be who should have been making sure that the situation didn't get to this stage. How can a company reach to such a stage that they end up owing over 300K?? Slackness!! Same thing with the Immigration Department. Too lazy to ensure fees are collected and now they want to name and shame?!! Please!!
Same thing would happen here if they introduced direct taxation. Only the peons would have to pay, the special ones would just ignore paying with on consequences.
One of these companies is owned by a prominent Caymanianwho owns a large piece of land in South Sound opposite the Community Cemetery. He should forfeit that, it is worth well over the several hundred thousand he owes and has owed for years.
9;10 the government public pension hasnt been paid in 6 years they are 250 million behind on their payments, who is taking them to court???
let me say this, they will have to shut these pension schemes down pretty soon. there is no money to pay. small businesses can barley buy food.
What do you mean by "the government public pension hasn't been paid in 6 years"? Facts, evidence please. No "I have been given to understand" allowed.
17;35
You need to take your head out the sand.
Dont you listen to the debates or read the papers. during the last 4 years of administration no paymements were made to the public pension. And it goes back further than that.
Last month, Mr. Marco Archer applied 11.3 millions towards the arrears (non payments)
That's though ing good money after bad, abandon it now!
I agree, abandon it now. Can some one who retired lately tell us how much retirement fund they receive monthly???
So we shouldignore the private sector not paying pensions?
The Government is essentially paying itself.
But lets not take our eye of the ball. Too many times something is pointed out as being wrong and someone makes a comment to make us look away.
the companies that have not paid the pensions are inthe wrong regardless of what the CIG does.
No surprises there
Just charge companies with a5% tax, that will cover universal pension and healthcare.
We, the ordinary folks, cannot benefit at the expense of the wealth of the capital-rich folks. Yachts cost money.
7;58
Did you thumb this statement down because, should the government get the 5% the private fund managerswould be out of pocket???strange, strange! I thought it was all about the retired people, no matter who kept it safe.
What about criminal theft charges against the multiple employers who have actively stolen employee pension monies deducted from their pay?
Is that the same Halcy Lofters who serves in judgment of others on a Labour tribunal?
One and the same.
Harsh consequences are required.
Surely he has stood down while this is pending?
Arrest warrants issued but no arrests? How hard is this?
16 named and shamed only 1100 individuals and companies to go. In a small community over 1100 companies to be named and shamed will be a sizeable percentage of businesses in the Cayman Islands.Where is the Chamber of Commerce on this issue?
Having looked at this very preliminary list and seeing the offenders are 100% Caymanians-born ones-, I will predict that this whole thing will disappear quite soon. Much too embarassing. But they are the main offenders just as the criminals in our society are mostly Caymanian but posters on here like to say it's only because of the status grants we have problems. I'm eagerly waiting the other lists of defaulting employers and their names. Please release every single offender's name.
"100% Caymanian-born" is just not true! There are enough "Caymanian-born" on the list to be shameful enough that you do not have to be untruthful in this continued quest to paint Caymanians as the criminals and expatriates as the models of purtiy and integrity – and the only victims in Cayman.
Donnie Smith is (I believe) originally from Jamaica.
Yes it is very preliminary. Certain very prominent names who have recentley been discovered (I read about it here on CNS), or are yet to be discovered, do not yet feature on the list.
Nonsense. There are at least 4 status recipients on the list (including cabinet status recipient# 1381). There is also a Labour Tribunal member, a former immigration board member, and it seems, a Policeman. Amazing, all three regulators are covered.
When are we going to have a proper corruption investigation around here?
Never
Interesting how 86 posters jumped on this anti-Caymanian bandwagon even though its premise is false. There are a number of these offenders who are not born Caymanians at all.
It's interesting to see how many security companies and construction companies are on this list. It's very concerning. This might tell us what's happening with the poor employees generally. There has been much speculation that these workers are underpaid as is and may well be contributing to some of our crime. Sadly I'm beginning to think there may be some truth to it. I too run a business and it is not right to steal from your employees no matter how difficult business may be. They should not be allowed the privilege of a business license if they run it illegally and should be banned if convicted.
Oh dear me, there must be a mistake. I see some well known Caymanian companies there and that does not fit with the posts on this site about foreigners ripping people off. So, let us wait for the others to be named and shamed so we can really see how it's an expat problem. We need to get Ezzard in on this too dont we? To hammer the furrin companies not doing what they should.
Good!! Finally, these employers are stealing from their employees… I am not a believer in the pension an think it needs to be addressed by this current Government.. As an employers i do pay and will continue too, but i dont agree giving pensions to expats at all, all they are going to do is take the money home and not reinvest in the island, as an employer, i would probably spend their money,not save it and put it back into Cayman.
18;58
Yon have made the most sensible statement on here. i dont condone the employers stealing the funds. they should never had taken it out in the first place.
Many small business haven't join the ponzi scheme. Especially those that do not need work permits. Businesses should all poll together and boycott all payments to these thieves and the government. The government should never had fallen for this scam. They need to remove from the law, the contrbution of expats forced savings.
I cant understand why caymanian businesses haven't filed a class action law suit on the government for this reckless law they have put in place.
it is a breach of natural justice ( they fail to perform a duty to act fairly to their people)
yes we need a pension scheme for our retirees, but we shouldnt be forced to add a 5% savings on top of our 22,000 expat workers… salary, who take the funds out when they reach the end of their term, working here.
Since they will all be able to apply for PR, we had better hope they have pensions.
Great, I'd like to name and shame too!
Amy Wolliston has known about violations filed in my complaint in July 2009 and has not enforced compliance. Mario Ebanks learned of these violations in October 2012 and has not enforced compliance. The employer has a substantial ability to pay, but does not want to be "named and shamed" through prosecution…so Amy entered into a settlement agreement with the violator…and there is still NO pension plan with an approved plan administrator and NO contribution or the arrears for a Caymanian!!
The pension board has know of these violations since May 2011 and has not enforced compliance.
Mary Rodrigues and the Ministry have known of the violations since May 2012 and has not enforced compliance
MLA's Rolston Anglin, Alden McAughlin, Ezzard Miller, and Tara Rivers have knowledge of the violations and have not enforced compliance.
The DPP and ACC have knowledge of the the violations and have not enforced compliance.
I am currently waiting on several FOI requests and the OCC is investigating.
There has been no prosecution and the Orders that had been issued were rescinded!!!! The orders were issued in the amount of $277,822.53…not just a small amount as in most of the current prosecutions!
My complaint was not included in the backlog of delinquent pensions…so there are really 1,145 delinquent pensions.
Even though the NPO is attempting to prosecute a few…the employers of this island should know that not all violations are handled consistently…and are definitely NOT handled according to the laws of the NPL.
Someone needs to get serious about enforcement!!!! Shame on those in a position to enforce and turning a blind eye to these very serious and illegal violations!!!
This really is a bad situation that needs to be dealt with immediately. Are these owners going to be paying interest? This affects everyones pension plan not just the peoplewho's payments were not being made. Freeze their bank accounts until they pay what they owe, One I have personal knowledge of was not just not paying pension, he was not paying medical and often not paying employees if there was not enough in the pot, after he had his share of course.
All this will do is completely bankrupt many local companies, putting them completely out of business and losing even more jobs for Caymanians….silly approach….at least now they are getting a salary….even if they are owed a pension…..now they will lose that salary also.
Folks at Pension Office must realise that this approach will simply shut down more companies and they will never pay the past pensions….watch the result of this.
This attitude explains exactly why the country is where it is right now. The poster needs to somehow understand that these employers have committed theft against their employees!! to think that you believe that this should be accepted because they are at least getting a salary, is reprehensible. Very sad indeed.
Not to condone the companies not paying their required pensions, but the theft of employees money is probably small as compared to the money lost by the administers of this pension "scheme". My own has lost more than $7000. These funds should have been insured and the administers paid on commission of invested earnings.
Again my point that not everyone should own a business. If these cheats didnt have a company people would have to hire reputible companies that could afford to pay pension, health and an honest wage.
Yes, lets make sure the companies that are breaking the law are protected! Who cares about the employees or the companies that are paying the pension and being fair with their employees.
yes, these 112 thumb downs are the product of the real caymanians…tear them down guys!
The black crab mentality is at work …always!
MMMMmmm – some them is from the left overs of the UDP cronies and little drift wood.
Oh look – is that a former member of an Immigration Board that was supposed to be ensuring that everyone was compliant, that I see there before me?
This whole thing stinks!
When do we get the detail on the other 1,084?
I see several UDP cronies on this list. Why am I not surprised?