Archive for November 14th, 2014

Job troubles at key resort

(CNS): Reports of local job losses and allegations against the owners for circumventing labour laws at a leading resort in the eastern districts are stirring up concerns and conflict in government and with local politicians. Documentation seen by CNS shows that government has been investigating allegations that the management at Morritts Tortuga Club in East End is falling foul of immigration and labour rules and has been sacking Caymanians without cause. But while the director of the labour unit has documented serious concerns about the new management practices, Deputy Governor Franz Manderson has dismissed many of the allegations, which are all also denied by the new management team.

Morritt's had been heralded as a shining example of a resort that was not only employing a significant number of local people but one which also had a solid and experienced Caymanian management team.

However, in June of this year an application wasmade for a temporary permit for the owner’s son-in-law, Christopher Johnson, for the post of Operations Manager, a job which was already filled by local worker William Connolly.

Although Morritt's claimed Connolly was not being sacked but moved to assistant resort manager, according to correspondence between Director of Labour and Pensions Mario Ebanks and senior immigration officer Bruce Smith, when the permit was approved, Connolly was sacked.

Ebanks wrote that following a site inspection at the resort it was “the unanimous observation” of the inspection team that the problem was Johnson, who, Ebanks stated, appeared to have sacked Connolly without cause and then began terminating other local workers. Although Ebanks believed the inspection team had delayed some of the layoffs, he described Johnson as adamant about the need for more terminations.

Alongside the concerns of the labour unit that people were being removed without reason and without management following the correct processes for sacking workers, Ezzard Miller and Arden McLean, the local MLAs whose constituents were being impacted, raised concerns with the governor and deputy governor over the situation.

Miller told CNS that he had an interest because both his wife and his brother, Jerris Miller, had worked at the resort and had both since resigned as a result of the management changes and the job terminations. Nevertheless, he said that he still had an obligation to his constituents who had lost their jobs from the resort to get to the bottom of what was going on. He and McLean raised concerns with the relevant authorities, but with little response to his letters and complaints to the Business Staffing Board, he took the issue to the governor.

In what appears to have been a more than four month probe over a stack of allegations into the goings on at the popular East End resort, the deputy governor recently told Miller and McLean that there are some issues but the main trigger of the complaints, which was the permit granted to Johnson, was legal. He said that officers who granted the permit did not know at the time that a local worker was actually in the post when the application was made.

Among the many allegations made it seems that around 20 longstanding Caymanian employees have lost their jobs. But the main issue appears to be that a once strong local management team, publicly and loudly praised by the owner, David Morritt, in the wake of the opening of ‘the Londoner’ last year, has essentially been removed by, it is claimed, Johnson. Then, in what appears to be a shake-up, various other members of staff in a variety of posts have also lost their jobs.

The resort has denied the allegations that it is not adhering to labour laws and a spokesperson for Morritt’s said the company had been an “outstanding corporate citizen for the last 25 years” and still employed over a hundred local workers.

In a statement to CNS the spokesperson said, “In addition to being one of the largest financial contributors to East End, it boasts one of highest percentages of Caymanian employees of any company in Grand Cayman, with a staff comprising over 100 Caymanians out of a total staff of 125 persons.  It is unfortunate that false accusations are being circulated about Morritt’s, apparently for the personal and political gain of those parties that have been disseminating the misinformation.”

Denying any wrongdoing, the spokesperson added that the firm was fully engaging with the authorities as they investigate the resort.

“Because of the seriousness of these false accusations, Morritt’s has not only been cooperating with the government but has been proactive in seeking counsel and advice from the government at the highest levels, including within the Departments of Immigration and Labour.  Fortunately the government confirmed last week, after conducting a lengthy evidentiary review including a comprehensive review of our permit applications, personnel records and conducting interviews of our staff, our management and our stakeholders, that these allegations have no basis in fact and that Morritt’s has been and still is operating in compliance with the laws of the Cayman Islands,” the spokesperson added. 

Despite that claim, in his letter to Miller last month Manderson raised a number of issues that could still give cause for concern and indicated that there were other complainants filled and witnesses willing to speak up, leading to ongoing enquiries. But he had still concluded that there was nothing illegal in any action taken by government and that the Morritt's management actions also appeared to be in order.

Miller told CNS that he was deeply troubled by the hesitant position taken by the government authorities and that the power and influence of the resort was undermining what should have been a more thorough investigation into what has happened. But even the usually very out-spoken Miller has become reticent about whether his advocacy on behalf of his constituents is assisting. He said that another four local workers were recently terminated and it appears that the more employees complain about what is happening, the more local people are losing their jobs.

While the situation at Morritt’s remains less than transparent, the battle faced by local workers continues across Grand Cayman and each week CNS receives reports of more and more problems faced by local workers. But many believe it is not just employers attempting to circumvent the laws meant to protect Caymanians in the workplace that is the problem but that the lack of enforcement by government authorities facilities the bending of rules by employers.

In his letter to the governor Miller said, “It is unfortunate, regrettable, embarrassing and shameful that I am unable to evoke any semblance of moral or ethical 'rightness' from the statutory authorities as a legislator on behalf of those people whom I have been elected to represent. These are the matters that breed violence, crime and revolution … in democratic societies when it becomes obvious that their elected leaders are neutered and made in-effective by the same government agencies to protect and defend them.”

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Waterfront cop still on beat claims police boss

(CNS): Although the RCIPS has issued a statement claiming that Senior Police Constable Miguel McFarlane has not been demoted or transferred from the Harbour Front, the wider public appears not to be convinced. Social media, the radio talk shows’ phone lines and the independent MLAs have all been questioning what has happened to the popular, award winning Caymanian police officer who is well-known face in George Town.   Ag. Superintendent of the RCIPS Uniform Branch Angelique Howell said McFarlane has not been demoted and has been given additional supervisory responsibilities in coordinating the patrols of other beat officers in the capital.

However, it appears that he is not on the beat as stated and calls by the general public to the George Town cop boss are going unanswered and some members of the public are demanding action.

Despite the public disquiet over McFarlane, who it has to be noted has the uncommon accolade of being widely supported by the local population for the work he does, the police say he has not been demoted, movedor side-lined in anyway.

In the RCIPS statement Howell commended McFarlane for his commitment and dedication to duty.

“He still covers the water front and like his colleagues, can be seen between the hours of 8:00am and 10:00pm. These hours are shift based commencing as mentioned from 8:00am to 4:00pm & 1:00pm to 10:00pm. The area of coverage includes parts of the Seven Mile Beach area or Southern West Bay Road,” the police boss stated.

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