Search Results for 'sexual harassment'

Ministry forms committee to focus on violence

Ministry forms committee to focus on violence

| 27/11/2012 | 6 Comments

domestic-violence.jpg(CNS): The community affairs ministry has formed a new national committee to deal with gender and family violence. A report on gender violence, approved by government some four years ago identified the need to re-establish a national entity to bring together stakeholders to address gender violence and related issues. A recent draft Crime Reduction Strategy report being compiled by the Cabinet Office also recommended the formation of such a committee as well. Officials said the new team will bring a holistic focus to issues of gender violence, family violence, child abuse, sexual assault, rape, sexual harassment and stalking.

Similar to the National Committee Against Domestic Abuse which operated from 2000-2003 and drawing its membership from a wide cross section of areas such as human services, education and youth services, judicial, police, rehabilitation, and marketing and communications, the committee consists mainly of government representatives. It will however, be incorporating representatives from non-governmental organisations to subcommittees as necessary.  

In a release from the ministry officials said it will work on improving systems by providing recommendations to government to develop policies, procedures, legislation, training, public education, and other responses to these  important issues.

Each member is equipped with broad knowledge and will serve for two years with an opportunity for re-appointment.

Following an overwhelmingly positive response from the various entities involved, I am pleased to announce the names of the 17 qualified individuals who have committed to this initiative,” said the Minister responsible for Community Affairs and Gender, Mike Adam. “With the recent launch of the 16 Days of Activism campaign, which seeks to eliminate gender-based violence, the timing could not be more significant.”

Co-chaired by the Ministry’s Senior Policy Advisor for Gender, Tammy Embanks, and Senior Policy Advisor for Community Affairs, Debbie-Ann Whittaker, the committee intends to improve institutional responses and resources for victims and perpetrators of gender and family violence as well as to coordinate public education on issues of gender and family violence and other related matters,” the release stated.

This year’s 16 Days of Activism campaign began on 25 November – the International Day for the Elimination of Violence against Women – and continues through 10 December – International Human Rights Day – to emphasise that such violence is a violation of human rights. This year’s campaign theme is From Peace in the Home to Peace in the World: Let’s Challenge Militarism and End Violence against Women.

 

Continue Reading

Researcher to assist in development of gender policy

Researcher to assist in development of gender policy

| 14/06/2012 | 0 Comments

Aubrey (1) (206x300).jpg(CNS): Following the passage of the legislation and the creation of Cayman’s first Gender Equality Tribunal (GET) that will hear and determine discrimination complaints under the Gender Equality Law (2011), the Ministry of Community Affairs, Gender and Housing has Aubrey Bodden in the dual role of Policy Officer and Tribunal Secretary. Working with the senior policy advisor, Tammy Ebanks the two officers will be working together on research and analysis, develop policy and offer advice to the community affairs ministry and wider government on gender issues.

The Minister responsible for gender affairs, Mike Adam, pointed to the on-going work of this policy area and in particular the goal to have international gender policy apply to Cayman.

“Government is still working towards having the Convention on the Elimination of All Forms of Discrimination extended to the Cayman Islands. The additional human resources dedicated to this area will assist the Ministry in improving our monitoring and evaluating practices, as well as in developing a more formal entity such as an Office of Gender Affairs.”  

Bodden worked in the Cabinet Office for almost four years, first as a Research Officer and then as Freedom of Information Policy Analyst, and started in her new gender affairs job last month.
Among Bodden’s duties will be the public educating campaign on the Gender Equality Law as well as providing administrative support to the GET.

A Cornell University graduate of government and history she is currently pursuing a Master of Science in Public Policy and Management at the University of London. “I am very excited to contribute to the work of the Ministry and the Tribunal,” Bodden said. “My first weeks have already provided valuable insight into one of the social development issues our country faces.”

Chief Officer Dorine Whittaker said she was confident that Bodden’s experience in research and policy analysis would be an asset. “Aubrey’s past experience in providing administrative support will also assist the Gender Equality Tribunal function efficiently in its role to help ensure the enjoyment of equal treatment and opportunities for men and women in our society.”

If you (or someone you know) have reasonable grounds to show that you have been discriminated against on the basis of sex, marital status, pregnancy or gender in relation to employment matters, sexual harassment in the workplace, or in the provision of goods, services and facilities, a complaint can be made to the tribunal within six months from the date of the incident. To download a complaint form and to learn more about the Gender Equality Law, please visit www.genderequality.gov.ky.

If there are any questions about filing a complaint with the Tribunal or requests for presentations on the Gender Equality Law, the public is encouraged to contact Bodden at 244-3226 or by e-mail at get@gov.ky.

Continue Reading

Mac debate in speaker’s hands

Mac debate in speaker’s hands

| 28/04/2012 | 63 Comments

LA speaker.JPG(CNS): It is now down to the speaker of the Legislative Assembly whether or not the people’s representatives will debate the situation surrounding the premier when legislators return on 9 May. The opposition leader and the independent member filed a motion of no confidence on Friday morning and appealed to the speaker to waive the requirement for motions to be filed five days before the start of a meeting as the LA is currently part way through its fifth meeting of the 2011/12 session. In a letter to Mary Lawrence, the PPM leader writes that the motion is was made as a result of the “shocking announcements” about the premier being the subject of three police investigations and his refusal to step aside untilthey are concluded.

“The current state of affairs presents a matter of the gravest national importance,” Alden McLaughlin states in his letter. “This motion will therefore require your waiver of the notice in order to be proceeded with during the current meeting and we hereby make that request to you. This is not a matter which we could have anticipated prior to the start of the current meeting since the announcements were only made over the past weekend. Given the gravity and importance of this matter we do ask you to accede.”

The opposition members and Norht Side MLA Ezzard Miller have stated that they will not take part in the proceedings of the Legislative Assembly unless the speaker allows the motion and that it is the first order of business when the parliament reconvenes.

McLaughlin said that the current state of affairs presented a matter of the gravest national importance and that convention within the Westminster system of government required that when there are credible allegations of misconduct on the part of a member of parliament, that member either resigns or temporarily steps aside to allow the investigation to proceed unimpeded and to mitigate embarrassment and reputational damage to the government and the country.

“As an example, just this past Sunday, your counterpart in the Australian Parliament, Speaker Peter Slipper, stepped aside amidst allegations of sexual harassment on his part," McLaughlin wrote.

In the wake of the allegations, Slipper, who is also accused of misuse of funds, said it was appropriate for him to stand aside until they were resolved.

Meanwhile, here in the Cayman Islands, Mckeeva Bush has refused to step aside as he says the allegations are baseless and he has never been formally told of any investigations. At least two of his Cabinet ministers have now publicly declared their support for him and the opposition motion is very likely to fail, despite being a conscience vote.

Nevertheless, Miller stated that it was still a worthwhile exercise as it would allow the people to judge for themselves the integrity of their elected officials because the government members must publicly state why they support the premier retaining his position while the three police investigations are on-going.

"It is the only tool we have,” Miller added. “There is no constitutional mechanism that requires a leader to step down under these circumstances as they are expected to do the honourable thing.”

Miller stated however that the UDP does havethe power to remove Bush painlessly and select another premier.  If they elect a new leader of the party and approach the governor then the transition can be made without any crisis in the continuation of government, Miller added.

He explained that the constitutional problem the elected officials now faced was that there was no room for a lack of confidence motion in individuals but only government.

The North Side member reiterated the point that in the end it was for the premier to do the right thing and step aside, cooperate with the investigations and bring them to a speedy resolution if he had nothing to hide.

Pointing to the irony of Bush’s latest accusations and comparing his circumstances to Operation Tempura, Miller noted that the senior police officers in that were all required to temporarily step aside from their posts.

See letter to speaker and no confidence motion below.

Continue Reading

Public sector review focus of weekly meeting

Public sector review focus of weekly meeting

| 16/04/2012 | 7 Comments

The public lobby (228x300).jpg(CNS): The progress on the overall review of how Cayman’s public services are managed and operated formed the key part of the latest civil service bosses meeting. According to the minutes released by the deputy governor’s office the 2 April meeting revealed that terms of reference and the resources needed to collect data for a review of the whole of government synergies had been agreed. The record of the meeting also pointed to more issues coming out of the review of government’s human resource policies. 

The deadline for civil servants to comment on the human resource policies in government was extended to last Friday and feedback was provided to the deputy governor at the chief officers meeting on the Anti-Sexual Harassment policy and the Attendance Policy.

“Specifically, the need to consider greater flexibility in the attendance policy to provide services to the public over the lunch hour and for the collection of children from schools was raised,” the minutes reveal.

The minutes show that progress is being made on the whole public sector review and the teams involved have consolidated recommendations from several reports into one in order to eliminate duplication. A review of the current status of the implementation of the approved recommendations has also been undertaken.
See minutes below

Continue Reading

Minister says equality law most important for 50 years

Minister says equality law most important for 50 years

| 08/03/2012 | 10 Comments

imgres.jpg(CNS): The community affairs minister has said that the passage of the Gender Equality Law is the most significant piece of legislation government has created in over 50 years to address equality issues in the Cayman Islands. In his International Women’s day message Mike Adam said that the law covers issues such as protection from gender discrimination in employment, training and recruitment; equal pay for equal work; and protection from sexual harassment in the work place; and equal treatment related to the provision of goods, services and facilities.

“With the passage of this legislation and the Gender Equality Tribunal in place, the right of women and girls, and men and boys to be treated equally in the Cayman Islands have been strengthened and legitimized,” he said as he encouraged people to find out more about their rights under the law.

The health minister, Mark Scotland said that the local health authority was marking International Women’s Day With Cayman's first annual Women’s Health Conference, which will focus on prevention.

"Throughout the day, various speakers will be discussing the diseases that are of most concern to women in an effort to create awareness and encourage preventative measures. Participants will learn about heart disease, diabetes, obesity, breast disorders, cervical cancer and depression. In addition, there will be sessions on contraceptives and self-defense," he added.
 

See the community affairs minister’s full message below and visit www.genderequality.gov.ky to learn more about the law and equality issues.

Continue Reading

Equality at work now law

Equality at work now law

| 03/02/2012 | 52 Comments

equalpay-final.jpg(CNS): Despite some lingering opposition in the business community, Caymanian workers finally enjoy protection under the law from gender discrimination. The Gender Equality Law, which came into effect on Tuesday, promotes equal treatment in the workplace but does not impose quotas, as has been suggested. It will also pave theway for Cayman Islands to join the 187 countries around the world that have ratified the Convention for the Elimination of Discrimination Against Women (CEDAW). “Whether you are male or female, employee or employer, learning your rights at work under the Gender Equality Law will benefit our islands while creating an equal future for our sons and daughters,” said Mike Adam, the minister who steered the passage of the law.

“I also encourage local employers to take the online pledge and demonstrate to our community, and the world at large, their commitment to making the Cayman Islands a world-class jurisdiction in which to live and work,” he added.

The law prohibits discrimination on the grounds of marital status and pregnancy as well as gender issues and crucially stipulates equal pay for equal work. The legislation also categorises sexual harassment as discrimination.

The term ‘gender’ is often incorrectly assumed to mean women but the law extends to men, too. When the law was passed last year in the Legislative Assembly, the minister pointed out that while it was undeniable that discrimination against women is a feature of the Cayman workplace, the discrimination men faced was less apparent but no less real.

However the most obvious discrimination is the pay gap between men and women.

“When we dig deeper and actually look at the statistics that are available to us, it becomes glaringly obvious that men and women in the Cayman Islands are not afforded equal opportunities, nor are they on a level playing-field when it comes to income and other areas,” Adam said.

While labour force surveys have over the last decade or so shown that men and women are almost equal participants in the work place, this equal participation does not yet translate to income. Women make up the majority of the two lowest salary brackets and 83.3% of people making less than $800 per month are women, as well as 63.5% of those making less than $1,600. Being confined to the poorest of the poor is extremely challenging when women are often the sole bread winner for their families with no or inadequate financial assistance from fathers.

Meanwhile, men comprise some 65.5% of those making $7,200 or more a month. “Not only are women under-represented at the highest salary brackets in our country but they are also, more often than not, paid less than men for doing the exact same work,” Adam said when he introduced the bill.

“The provisions in this bill will no doubt be an opportunity for women and men to seek redress of discriminatory practices,” he added.

Enforcing the new law and workers' rights will require the commitment of employers to follow the law but more important will be the willingness of those facing discrimination to make sure they report cases of inequality and unfair practices. The Gender Equality Tribunal will hear discrimination complaints and those found to be practicising discrimination can be forced to pay up to $20,000. A person who fails to comply with a direction of the tribunal commits an offence and is liable on summary conviction and a fine of $5,000.

Although the law is far reaching and ensures protection for all, there are certain exemptions in sensitive areas such as in hospitals, prisons or other establishments where a person requires special care or supervision to be done by someone of a particular sex.

Adam said there would need to be a shift in the way employers think and do business. He said the rewards would be worth any challenges encountered on this learning curve and there was “nothing complicated or wrong” in supporting gender equality. Although some in the business community have objected to the bill because of the costs they say it will impose on them, the minister has stated that there is virtually nothing that businesses have to do to stay on the right side of the new law other than ensure they do not discriminate.

Stating that there was also a strong business case for promoting gender equality and diversity in the workplace, he said international research shows that companies which have a higher percentage of women in the workforce and as senior decision makers are more productive and more profitable.

The minister said government was committed to taking equality beyond fair wages to ensure women in Cayman were offered equal opportunities in every aspect of life.

Download a copy of the law or take the pledge www.genderequality.gov.ky

Continue Reading

Foundation to launch campaign as equality law signed

Foundation to launch campaign as equality law signed

| 13/10/2011 | 1 Comment

(CNS): The Estella Scott-Roberts Foundation will launch its annual awareness campaign this weekend in the wake of the long awaited gender equality bill, to be implemented in January, becoming law. The governor signed the law on Monday, which aside from seeking to secure equal opportunity and reward in theworkplace also legislates on sexual harassment. This is which is the focus of the ESRF’s campaign, "I am not the one who should be ashamed", which is intended to raise awareness and give victims the confidence to speak out. The campaign also aims to educate the public as to what exactly constitutes sexual harassment and urge those who are suffering to no-longer feel ashamed.  (Photo: the late Estella Scott-Roberts, a tireless advocate for gender equality)

“We are aware that sexual harassment is a prevalent issue in the Cayman Islands,” said Rayle Roberts, Chairperson of the Foundation. “We are hoping to get the public talking about it so that victims learn that their suffering should not go unreported.” 

He said that sexual harassment, in any form, should not be accepted in our community as he appealed to anyone who observed sexual harassment to be courageous enough to offer to be a witness and encourage victims to seek help. The campaign also urges the public to support the new legislation and speak to their employers about implementing a policy against sexual harassment in the workplace.

As he signed the law on Monday, Governor Duncan Taylor said it was an important piece of legislation and announced that the governor’s office would be contributing to the public education campaign that the ministry will launch in early November. Throughout the ESRF year-long campaign, it hopes to raise awareness and give victims the confidence to speak out as well as educate the public as to what exactly constitutes sexual harassment and urge those who are suffering not to feel ashamed.

The Foundation also invited Women’s Media Watch to this year’s campaign launch on Sunday 16 October. The organisation seeks to reduce gender-based violence in the media and in society as they work towards a more peaceful and caring society that provides equal opportunities to all. 

Pastor Felix Manzanares and Dara Flowers-Burke will serve as the emcees at the launch evening, which takes place at the Harquail Theatre from 5:00-6:30pm, and will include special dramatic performance from Jamaica’s Women’s Media Watch. The programme will include poetry reading by Nasaria Suckoo-Cholette and a performance by the UCCI‟s Choir.

For more information about the ESRF please contact: esrfoundation@gmail.com

Continue Reading

Law pavesway for equality

Law pavesway for equality

| 19/09/2011 | 73 Comments

(CNS): Government has made an important step towards creating a level playing field in the workplace for men and women with the passage last week of the Gender Equality law. Mike Adam, the minister for gender issues, explained that the goal is to eliminate sex and gender discrimination in employment, training and recruitment, as well as promote equal pay. He said the bill will protect against discrimination in other areas, such as access to goods and services, as well as discrimination in job adverts, forms and interviews. Sexual harassment is also addressed in the law, protecting men and women from unwanted sexual advances in the work place.

As well as being an important step in preparation for the implementation of the bill of rights next year, it will also help Cayman in its goal to have the United Kingdom extend the UN Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW) to the islands. The law, which was passed with cross bench support in the Legislative Assembly on Thursday, will come into effect in January next year, giving government time to begin an education campaign.

Adam said government was committed to taking equality beyond fair wages to ensure women in Cayman were offered equal opportunities in every aspect of life.

He said the bill would improve the quality of life for women, who often are the main victims of discrimination because of their sex, gender, pregnancy or marital status, but the provisions within the law would also be applicable to men who experience discrimination.

Adam pointed out that people often assume that because Cayman is a modern society there are few problems of gender discrimination at work, but he said this was not true.

“When we dig deeper and actually look at the statistics that are available to us, it becomes glaringly obvious that men and women in the Cayman Islands are not afforded equal opportunities, nor are they on a level playing-field when it comes to income and other areas,” he said.

He pointed out that in the 2009 Labour Force Survey men made up 50.5% of the labour force and females 49.5%, showing near equal participation but that equality didn’t translate to income.

“Females make up the majority of the two lowest salary brackets in this survey. 83.3% of persons making less than $800 per month were women and 63.5% of those making less than $1,600 a month were also women. Being confined to the poorest of the poor is extremely challenging, especially for women who often times are the sole bread winner of their families and do not receive any or adequate financial assistance from the father of their children,” Adam told his legislative colleagues.

On the opposite end of the spectrum, men comprised 65.5% of those making $7,200 or more a month. “Not only are women under-represented at the highest salary brackets in our country, but they are also, more often than not, paid less than men for doing the exact same work,” he added. Information obtained from the 2005 Occupational Wage Survey that was conducted by the Department of Employment Relations depicts high levels of gender discrimination when comparing the monthly salaries of men and women performing the same occupation.

“The provisions in this bill will no doubt be an opportunity for women and men to seek redress of discriminatory practices,” he added.

The law is the final product of many years of work, Adam said, which began in 2004 when government told the FCO it wanted CEDAW to be extended to Cayman. The UK said government would need to prepare local enabling legislation before that could happen and legislative research and development began in 2007.

Although the law is far reaching and ensures protection for all, there are certain exemptions in sensitive areas such as in hospitals, prisons or other establishments where a person requires special care or supervision to be done by a person of a particular sex.

Other than the special exemptions, once the law is in place it will be an offences to discriminate against anyone as a result of their gender at work and a Gender Equality Tribunal will hear discrimination complaints. Its five members will be appointed by Cabinet including a chairperson who is an attorney-at-law of at least 10 years standing. Once a claim is substantiated the tribunal will notify in writing the complainant and the person against whom the complaint was made of its findings and issue directions requiring the person to stop the discrimination or pay compensation of up to $20,000. A person who fails to comply with a direction of the tribunal commits an offence and is liable on summary conviction to a fine of five thousand dollars ($5,000).

Adam told the House he believed that striving towards gender equality in the Cayman Islands was the right direction. “While there will definitely be a shift in the way that wethink and do business as managers and companies, I believe that the rewards that we will get by trying to ensure an equal future for our daughters and sons is worth every ounce of complication that we may encounter on this learning curve,” he said, adding that there is nothing complicated or wrong in supporting gender equality.

See law here and amendments below

Continue Reading

Adam: Gender bill ‘necessary’

Adam: Gender bill ‘necessary’

| 28/07/2011 | 92 Comments

(CNS): Despite objections by the Chamber of Commerce and the Law Society, the Ministry of Community, Gender Affairs and Housing (CA&H) maintains that the Gender Equality Bill, which it will present during the next sitting of the Legislative Assembly, will pave the way for the Cayman Islands to join the 187 countries around the world that have ratified the Convention for the Elimination of Discrimination Against Women (CEDAW). In response to objections by the Chamber, Minister Mike Adam has said that the spirit of the law was to promote non-discriminatory practices, rather than to impose any kind of hiring quotas on businesses, and business owners just have to ensure they do not discriminate.  

A cornerstone of CEDAW is the principle of equality between men and women and as such, it mandates the prohibition of discrimination of the rights of men and women as a step towards equality.

The ministry explained in a release Thursday that the Bill will provide protection from gender discrimination in employment, training, and hiring for both sexes. It also prohibits discrimination on the grounds of marital status and pregnancy. Other provisions stipulate equal pay for equal work, categorise sexual harassment as discrimination, andprovide for equal treatment in related matters such as the provision of goods, services, and facilities.

Minister Mike Adam said officials had noticed that the term ‘gender’ is often incorrectly assumed to mean women, or to reference only women’s issues. Therefore they believed it was important to ensure that protections in the law extended to both men and women.

“For this reason the bill defines gender as ‘the cultural, economic, social and political characteristics, roles and opportunities through which women and men are socially constructed and valued’. It is undeniable that discrimination against women is a feature of the modern Caymanian workplace,” the Minister continued. “Less noted is the kind of discrimination that men face, as an example in terms of the kinds of jobs and other employment opportunities for which they may be considered, or inequitable treatment based upon their marital status.

“Our objective with this Bill is to address and redress the inequalities that so many women face, but also to ensure that in the future there are equal opportunities for our sons, as well as our daughters.”  

He further noted that in 2008 the National Assessment of Living Conditions (NALC) found that women were overrepresented among the poor and underemployed and called for an end to strict classification of jobs by sex.

While the Bill extends to all Cayman Islands employers, including government, it does provide various exemptions for private households, private educational authorities, charities, and religious bodies. It also specifically prohibits discrimination by professional partnerships, employment agencies, training agencies and qualifying or accrediting bodies.

Last week the Chamber of Commerce claimed that the bill was too onerous for business, and together with the Law Society, called on government to withdraw the bill so that amendments could be made to it before it becomes law. The Chamber has said it wants to see the law revised to make it more practical, easier and less costly for employers to implement.

However, Minister Adam explained that the spirit of the law was to promote non-discriminatory practices that lead to equality, rather than to impose any kind of hiring quotas on businesses. Since there is virtually nothing that businesses have to do other than ensure they do not discriminate, there really are no compliance costs.    

Stating that there was also a strong business case for promoting gender equality and diversity in the workplace, he noted that international research showed that companies, and, by extension, wider economies that have a higher percentage of women in the workforce, and as senior decision makers, are more productive and more profitable.

“It has been said many times here that Cayman must compete with the wider world, both for business and for its workforce. My ministry strongly believes that if we are viewed as a jurisdiction that is actively striving towards gender equality, then this law will assist in enhancing our image as an attractive place to work and do business,” he explained. “At the same time, we are aware that it entails a new way of thinking and doing business. As such we are committed to carrying out a wide-ranging public education campaign to ensure that businesses and the public are ready for the new law before it comes into effect.”

The minister adds that an article on the Cayman Islands’ diverse workforce in the most recent Chamber magazine asserts that although the country has a history of prominent women in the workplace, the new legislation will encourage gender diversity, by giving men and women equal opportunities, in all but a few jobs. In addition the publication recognises that diversity in work and social environments is essential to enhancing local quality of life.

“My staff and I have been particularly encouraged to note that the civil society organizations and NGOs that have been commenting on the law in the media concur that gender equality legislation is necessary. “We look forward to working with these groups over the next several months to ensure that the spirit of this law – which we all agree is so important – realizes its full potential during the implementation process,” Adam concluded.

CEDAW is the only core international human rights treaty still to be signed by the Cayman Islands. As such, the United Kingdom, in keeping with its commitment to modernize governance in its Overseas Territories, has for some time actively encouraged the country to adopt the convention.  

The proposed Gender Equality Bill will also further cement the provisions against discrimination contained in the Cayman Islands Bill of Rights which is scheduled to come into effect in November 2012.

Continue Reading

Chamber asks government to pull equality bill

Chamber asks government to pull equality bill

| 22/07/2011 | 21 Comments

(CNS): The gender equality law which is due to come to the Legislative Assembly in the next few months is too onerous for business, the Chamber of Commerce has claimed. The Chamber, which represents local business, as well as the Cayman Islands Law Society are calling on government to withdraw the bill so that amendments can be made to it before it becomes law. The proposed bill was gazetted last month and deals with a variety of issues relating to equality, discrimination and the rights of employees. It also includes protections regarding sexual harassment in the work place.

The long awaited law has been in discussion for many years, and although many elements of it have been contained in other pieces of legislation, the bill provides for tribunals to hear cases of discrimination on a variety of issues that are not just gender related. However, the Chamber has said it wants to see the law revised to make it more practical, easier and less costly for employers to implement.

“The Chamber supports anti-discrimination legislation but the bill as drafted will increase the cost of doing business and adds more red tape at a time when businesses are struggling to keep their costs under control,” said Chamber President James O’Neill. “We strongly recommend that government withdraw the bill in its current form so that additional time can be given to consider the changes proposed by industry associations. Adding more bureaucracy and costs for employers at this time should be avoided at all costs,” he stated in a release from the Chamber.

The business representative body is not the only group that appears to be concerned about the bill, which essentially offers greater rights to workers in general and not just women.

The Cayman Islands Law Society has drafted a letter listing nine areas of concern, and aside from being supported by the Chamber of Commerce, the Caymanian Bar Association, the Insurance Managers Association of Cayman and the Compliance Association have all offered their support to the society’s correspondence. Meanwhile, the Cayman Islands Real Estate Brokers Association has also submitted a separate letter expressing similar concerns over the law.

“The business community as a whole is largely ignorant of this law and its effect. We do hope that the opportunity for wider consultation is given to the private sector to enable it to be able to air its concerns about the legislation, and for those concerns to be given due consideration and acted upon,” wrote Charles Jennings, President of the Cayman Islands Law Society has said in his letter to government.

 “While in principle we wholeheartedly support anti-discrimination legislation such as this, we fear that it may hinder employment and add to employers’ costs as they endeavour to implement it – at the very time of high unemployment, when every effort should be made to encourage hiring,” he adds.

Jennings and others are questioning how the new legislation will work alongside the Labour Law for maternity leave and discrimination, as well as the definition of remuneration, indirect discrimination, vicarious liability, paternity leave, harassment, and composition of the tribunal, forms and agreements.

However, local legal firm Walkers said responsible employers have nothing to fear from the bill but firms will have to ensure they are compliant. Nicholas Dunne, an associate with Walkers dispute resolution department, speaking on the new CML-TV said that the law offers more protections to employees by enabling them to take discrimination issues to a tribunal rather than having to pursue their cases through the courts.

He said it would affect all employers who need to familiarize themselves with this law which is expected to come to the Legislative Assembly during the next meeting.

See law here  and see CILS letter below.

Continue Reading