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Labour bill seeks boss-worker balance, says ministry

| 27/07/2015 | 1 Comment
Cayman News Service

Chamber of Commerce ‘Be Informed’ session on the labour bill

(CNS Business): The employment ministry has accused a local lawyer of trying to “sensationalise certain issues” during a Chamber of Commerce presentation to the business community. Ministry officials said concerns about the new labour bill would all be considered during the consultation process but that employers who abide by the law need not fear increased penalties in the new bill, which seeks balance in protecting both employers and employees.

The ministry said the proposed bill would “introduce best human resource practices into the law, clarify the law to protect and enhance the rights of employees and employers, and to ensure that efforts are made to lessen the opportunities or loopholes for structural discrimination against the local workforce”.

Last week’s Chamber of Commerce “Be Informed” session was presented by local employment attorneys, Huw Moses and Venesha McLean. In a statement released Monday, the ministry said that several times during the presentation the lawyers stirred up fears among employers by not explaining the provisions in the bill in context.

The new proposal to allow the Labour Tribunal to order an employer to give an employee their job back if it was found they had been unfairly dismissed would be considered by the tribunal in accordance with both parties’ wishes. The ministry maintained that re-instatement and re-engagement options were found in labour legislation in other countries and were already included in local gender legislation, points which the lawyers ignored.

The ministry said the government had endeavoured to “be sensitive to those individuals, businesses, organisations, and other interests” and was encouraging all stakeholders to read a copy of the consultation draft bill and submit comments before the consultation period closes at the end of next month.

“The purpose of the public consultation phase is for the government to receive constructive feedback and queries about the bill from the public and key stakeholders,” employment officials stated, adding that all submissions would be considered in the next phase of the legislative process.

“It is hoped that the information received during the public consultation process will greatly assist the Ministry and Department of Labour and Pensions during the refining process to produce labour legislation that will introduce best human resource practices into the law,” the ministry added.

Government hopes to present a final bill to the Legislative Assembly before the end of the year and is hoping to have achieved consensus on the document before it reaches the floor for debate.

To submit feedback, email lpl@gov.ky fore 31t August. The bill can be downloaded from www.education.gov.ky/labourpensions

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Category: Employment, Local Business

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  1. Anonymous says:

    Who don’t like Cayman Laws for some added benefit to Locals/Caymanians, that have been disenfranchised in their own country then go back home! That in include the Businesses and Lawyers who represent then. Cayman need a nationalistic approach to every foreign business that comes to our shores. If they can’t follow Cayman Laws and keep qualified and hardworking Caymanians employed and paid a fair wage, than do a forced takeover. Other countries have had to take a strong stance against rogue (for profit) businesses to redeem “State” for its people. Globalization has everyone greedy to access resources and laws that can enrich them.

    Cayman democracy need to start employing far-left methods for the benefit of its people. I simply lawyer inferring the the law is costly, is ridiculous when you look at how much profits have been reaped in this Country, just from lax immigration and employment laws and failures by (or willingness of) tribunals and judicial system to favor these “glut businesses”.

    2016 Election will be different for many if they continue to allow private sector businesses to continue running this country.

    Cayman needs to start taking back this country and cease making money wholly and soley guide Caymanians and its government’s decisions!!!!!!!

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