Only 2 pension cases closed

| 05/03/2014

CNS): Even though hundreds of employers are believed to be non-compliant when it comes to employee pensions, the National Pensions Office has managed to close just two of the cases which it has taken through the courts, with employers making good on their pension debts to the tune of almost $150,000. However, from the list of named and shamed delinquent employers, many more cases remained unresolved with warrants out for the arrest of at least three bosses who failed to show up to court. Nevertheless, the office said that as a result of the hard work of the senior pensions officers, led by case file administrator Charles Best, and with the support of the Office of the Director of Public Prosecutions (ODPP), cases were remaining under close scrutiny.

Officials from the NPO said court date appearances were being monitored and there were hopes for the  representatives.

“It is hoped that the current caseload will be satisfactorily resolved and closed in the near term,” said Mario Ebanks, the Director of the Department of Labour & Pensions (DLP), who is currently also acting as the Superintendent of Pensions. “Simultaneously, the NPO is progressing other cases for possible prosecution, subject to the support of the evidentiary material by the ODPP. Those cases that are not candidates for prosecution are nevertheless being pursued for resolution, using various options available to the DLP.”

The pensions website has also been updated as the department continues the process of naming and shaming. However, two employers have now cleared their names as between them they paid in CI$148,586.51 of arrears to their employees’ funds.
.
The charges against Donovan ("Donnie") Smith of Cayman Fidelity Real Estate Services Ltd have all been withdrawn and dismissed following the resolution to the matters with full payment of around $10,000 being made. While Andrew Scott and Diana Escalante of Professional Security Management paid a whopping $138,861.51 to pay off arrears and resolve their matters

However, several cases continue through the courts and warrants have been issued for the arrest of the Crewe Road Esso Manager Liza Kandler; Ray Bowen, the owner of Cayman Repairs and Construction Ltd; as well as Antonio Lum-Watler the owner of Unique Imports Co, none of whom have been arrested yet, according to the NPO.

For full details of the pension cases which are being prosecuted visit the NPO website
Cases before summary court
Reports on cases

Print Friendly, PDF & Email

Category: Crime

Comments (27)

Trackback URL | Comments RSS Feed

  1. Anonymou says:

    I heard Mario on the radio back tracking about the 1000 companies not paying pensions says that some are just a bit behind but he didn't bother to clarify how many companies were years behind in pension contributions.

    Sounded like the basic 2 step to me.

  2. brad says:

    WHY GO INTO A BUSINESS IF YOU CAN'T PAY YOUR EMLPOYEES AND TREAT THEM WITH THE DIGNITY THEY DESERVE ???  Before many point the finger at these businesses struggling to make ends meet – I find there is a larger picture:  Businesses are suffering because Government has hike the cost of living!  Last year alot of businesses here closed down, hurting because they can't pay their staff a decent wage. The Government is getting fatter and permits have been doubled. There is a temptation for business owners who have relied so much for their businesses to maintain themselves and family to break the law. In the process, many have chose to hurt their own employees in order to make the buck. I think there needs to be a big finger pointed at Government too.

  3. Anonymous says:

    They can still operate because they have not been CONVICTED of anything.

    Also remember, these are Caymanian owners (60% by law anyway), we don't know anthing about their employees nationalities.

    • Anonymous says:

      There is nothing to stop interim measures being imposed on prima facie miscreants prior to conviction.

    • Anonymous says:

      That last paragraph is staggering.  We apparently need to remember that the criminal employers are largely Caymanian and their victims might be foreign, implicitly as an argument to have sympathy with the criminals.

  4. Anonymous says:

    And the reason for the pathetically incompetent results?  Pathetic incompetence.  Its OK Mr. Ebanks.  Everyone expects this from CIG.  Just a thought…  Maybe if you had passed a law to make the pension actually function as something other than a money maker for the government more company's would have a reason to pay into it.

    • Anonymous says:

      The government was to bring back to the LA pension only for Caymanians, residency, etc non caymanians no pension

       

      What happened to that?  Pensions are losing money, I know!!! I have had pension since inception, I put in over 2400 yearly and i only got approximately 1700  a year of that…..explanation??? NONE!!!

      • Anonymous says:

        That question about pension plans losing money should be directed at your pension fund – they are the ones who either make bad investment decisions or take unjustifiably high fees (more than likely both). Also, what does it have to do with foreigners? Why should they not be allowed to save for their old age? They are forced to pay into the same rubbish schemes as you – which, at the end of the day, is where their pension will come from – it's not a cost borne by the Cayman Government, or the Caymanian population. (except for those on the old CS defined benefits pension scheme). If their contributions were removed, your pension schemes would have even less money available to invest and the costs of running them would be carried by an even smaller group of investors, meaning that you would get even less money in future.

  5. Anon says:

    Question: Through what process does the Department of Pensions become aware that an employer is not paying pension contributions?

    Do they rely on employees' complaints against their employers? Do the pension administrators file reports on contributions received , and when companies are in arrears? If they do, what about those companies who have never established pension accounts?  

    • Anonymous says:

      They send out letters asking employers to SEND in information rather than getting up off their backsides and going into businesses and getting this information AS the LAW allows them to. I know this as a family member of mine was sent the letter. When was the last time anyone saw an officer from this department in a workplace????? The way they monitor employers is pathetic and unproductive.

      • ánonymous says:

        06/03/2014 17:00.

        Its either you have not thought this thru or you dont like yor Family member! You would rather them come to the workplace and dig for recrds while you have customers??? LOL

    • Anonymous says:

      You receive a Pension Account  letter intermittently from the pension administrator and you go WTF!! Where's my money??  So you call them to make an enquiry and are put on hold. After awhile someone informs you your employer isin arrears. So what can I do?  They tell you your best approach is to file a complaint with the NPO against your employer (who also holds your work permit). If you don't mind that scenario then you do it.

      It's put on a pile. You naturally assume something will happen. Six months later…the situation is the same.  A year later…still the same. That's how it works. But you have to allow it to keep on happening because it's the law. It's called the NPL.  But in reality it's legalized theft. They feel your pain.

  6. Anonymous says:

    Is this a joke? How come the Ministry isn't doing anything to help the Pension Office? Where is Mr. Manderson? Obviously the entire Ministry has failed!  While many businesses struggle to comply with this law, others are getting away with violating the laws!!! While there are numerous others businesses that are not complying and have NOT been named and shamed! Let's call out those in a position of responsibility, and UNCOVER ALL of the violators…and be fair to all!! It's so sad but true that it's who you know, and the back room deals that can be made!! 

    Thank you CNS for keeping us informed on this issue. 

  7. Anonymous says:

    I am never eating at Champion House again! These companies make money and should pay up!

    • Anonymous says:

      depending on who those bosses are.       those warrants may never be served  don't hold your breath  If its a small business poor struggling owner he better watch his back all other rich and famous need not worry Double Standard is on his side!

  8. Foreign Devil says:

    This program is going to put many good small Caymanians firms outof business and they will be replaced by well organized larger foreign controlled businesses. We will lose even more control of our economy.

    if a firm wants to offer pension and health care as an additional perk to its employees that should be completly up to them.

    Pension schemes are just that,schemes, and it is always the poor and middle class that get burned when they fail, rich people are rich because they are not stupid and I promise you they do not put there money into pensions.

  9. Anonymous says:

    Should those that paid not also plead guilty and put the fact they had paid as a mitigating factor?  Why would the government not still prosecute?  Where is the incentive to comply if merely paying up when caught seems to satisfy authorities?

  10. Anonymous says:

    Remember these names and don't do business with them.

  11. Michel says:

    A Disgrace. Please pass a law that allows you the print the names so we know who they are and boycot them and even tell them. They are Stealing from their employees and to me thiis considered  a crime.Start rounding them up and then make them pay up . If tey don't ,Close te p by having their licence and shut them down. Lawmakers need put teeth in that law and start actng on it  If tey do that to their very own employees, I' m certain that their credibilty and honesty in what they do is also questionable. Michel Lemay

  12. Anonymous says:

     

    Companies being prosecuted for breaches of the National Pensions Law since 2013

    There are also the names (what about them): –

    1.     Brent Greene’s Gardening and Landscaping Ltd
    Owner: Brent Greene

    Charges

    Failing to make contributions to a plan for employee Sec 43(3)

    Failing to pay arrears within time given (Sec 48 (3)

    Failing to supply Information (Sec 82 3)

    Defendant appeared in court –matter adjourned to 27th February 2014

     

    3.     Hurlstone Ltd and other subsidiary companies
    Owner: John Hurlstone

    Charges

    Failing to make contributions to a plan for employee Sec 43(3)

    Failing to pay arrears within time given (Sec 48 (3)

    Matter adjourned to the 24th October 2013

     

    4.     K Coast Development Ltd
    CI Precast Ltd

    Owner-: Giles Langlois

    At court hearing on 18th April 2013 a proposal was put forward by the Employer to retire the full agreed amount of CI 346,837.64 owed by C.I.Precast and K Coast Development collectively.

    Charges – K Coast Development Ltd

    Failing to make contributions to a plan for employee

    Failing to pay arrears within time given (Sec 48 (3)

    Charges – CI Precast Ltd

    Failing to make contributions to a plan for employee Sec 43(3)

    Failing to pay arrears within time given (Sec 48 (3)

    Matter adjourned until to the 17th October 2013.

     

    6.     Reid’s Premier Tours
    Owner: Steve Reid

    Charges

    Failing to make contributions to a plan for employee. Sec 43(3)

    Failing to pay arrears within time given (Sec 48 (3)

    Failing to supply Information (Sec 82 3)

    Matter adjourned to the 24th October 2013.

     

    7.     W5 Security Services Ltd
    Owner: Garth Ebanks

    Charges

    Failing to make contributions to a plan for employee. Sec 43(3)

    Failing to pay arrears within time given (Sec 48 (3)

    Failing to supply Information (Sec 82 3)

    Matter adjourned to the 28th November 2013

     

    8.     A&C Construction
    Owner: Clive Smith

    Charges

    Failing to make contributions to a plan for employee. Sec 43(3)

    Failing to supply Information (Sec 82 3)

    Matter adjourned to the 21st November 2013.

     

    9.     Champion House 2
    Owner: Dorothy Robinson/Uriel Scott

    Charges

    Failing to make contributions to a plan for employee. Sec 43(3)

    Failing to pay arrears within time given (Sec 48 (3)

    Matter adjourned until 17th October 2013

     

    11.  Cayman Repairs and Construction Ltd
    Owner-:

    Charges

    Failing to make contributions sec 4 (3)

    Failing to provide information Sec 82 (3)

    Failing to pay arrears within the time given by the Superintendent sec 48 (3)

    Defendant failed to appear- Warrant of Arrest Issued.

     

    12.  Precision Landscaping
    Owner: Donald Thompson

    Matter adjourned to the 13th and 14th January 2014 for trial.

    8 counts of failing to supply information Sec 82 (3)

    26 counts of failing to make Contributions Sec (43)

     

    13.  Cayman Net News
    Owner: Deceased / Contact person Veronica Seales

    Matter adjourned to 20th November 2013.

    Failing to make contributions Sec 4 (3)

    Failing to pay arrears within the time given by the Superintendent sec 48 (3)

     

    14.  Creative Expressions Beauty and Barber.
    Owner: Garth Powell

    Charges

    Failing without reasonable cause to provide a pension plan.

    Failing to supply information

    Matter adjourned to the 24th October

     

    15.  Guardian Security Services.
    Owner: Halcy Lofters

    Charged with Seventeen counts of failing to contribute to a pension plan.

    Dialogue with the employer to rectify this situation so that all accounts will be registered and arrears remitted.

    Matter adjourned until the 12th December 2013.

     

    16.  Lum- Watler Ltd T/A Unique Imports Co.
    Owner: Antonio Lum-Watler

    Failing to make contributions Sec 4(3)

    Failing to pay arrears within the time given by the Superintendent sec 48 (3)

    Defendant failed to appear- Warrant of Arrest Issued.

     

    * Note:  An we entertain some of these businesses when we allow them to pay expats very low salaries and not hire Caymanians. THEY DON'T WANT TO HIRE CAYMANIANS BECAUSE CAYMANIANS WILL TALK THE WRONG THINGS THEY DO!

    • Anonymous says:

      "THEY DON'T WANT TO HIRE CAYMANIANS BECAUSECAYMANIANS WILL TALK THE WRONG THINGS THEY DO!"

       

      Yes, this is exactly what is wrong with the indentured slavery law (oops, immigration law).

       

      The indentured slavery law was enacted by the Caymanian ruling class to benefit Caymanian employers who want cheap labour that will put up quietly with abuse.

    • Hear Hear says:

      Thank you for posting their names!

      Why ARe these people still able to operate?  They BROKE THE LAW and the T&B Law (2007) is quite clear:

      22. In the event of a licensee under this Law being convicted of any offence connected with the conduct of the licensee’s trade or business licensed under this Law, the convicting Court may order his licence to be forfeited and may order that he be disqualified for a period not exceeding three years from applying for the grant of a new licence. In such event the Clerk of the Court shall forthwith give notice to the Secretary of the Board of the making of the order. No refund of any licence fee shall be payable as the result of any such forfeiture.
      Forfeiture of licence
      9
      Trade and Business Licensing Law (2007 Revision)
      23. In the event of the revocation under the Local Companies (Control) Law (2007 Revision) of a licence under that law authorising the holder thereof to carry on any trade or business in respect of which he also holds a licence under this Law, such revocation shall, ipso facto, revoke such last mentioned licence. No refund of any licence fee shall be payable as the result of such revocation.

    • Anonymous says:

      What happened to #2?

  13. Anonymous says:

    A Pathetic response

  14. Anonymou says:

    As with everything elso on this island it is who you know. Jail or no jail, prosecution or no prosecution, loose files don't loose files, a few got scape goated and those with connections or family get off scott free.