Matters before the Summary Court. July 2013 – August 2014

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Published 2nd September 2014, 7:17pm

Report on Matters before the Summary Court

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

    Charges- Failing to make contributions to a plan for employee Sec 4(3)

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

    Failing to supply Information (Sec 82 (3)

    Warrant of arrest issued for accused who did not attend court. On-compliant with payment plan. Accused attended court on the 27th March 2014 warrant stayed. Accused asked for time to make further payments. Cited financial difficulties for non-compliance.

    Matter adjourned to the 29th May 2014. At hearing on date no further payments have been made. Matter further adjourned until the 26th June 2014.

    At the latest Hearing it was learned that two payments were made towards the arrears which was verified when Britcay was checked. Adjourned until the 21st August 2014.

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

    Charges- Failing to make contributions to a plan for employee   Sec 4 (3)

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

    Matter further adjourned to the 26th June 2014 for parties to continue to seek a solution as some further inquiries were to be conducted .The email trail being awaited was finally received to try to verify figures the NPO is seeking to retrieve for the employees.

    Some work still needs to be done to clarify some documents. Adjourned to the 25th September 2014 when figures should be reconciled and the way forward should be confirmed.

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  5. K Coast Development Ltd, AND
  6. 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. Employer was in good standing prior to these arrears.

    Charges- Failing to make contributions to a plan for employee

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

    Charges- Failing to make contributions to a plan for employee Sec 4 (3)

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

    Matter adjourned until to the 27th November 2014.

    Employer continues to be compliant with payments as agreed, including maintaining the current pension Contributions.

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  8. Crewe Road Esso
    Manager: Liza Kandler

    Charges-Failing to make contributions to a plan for employee Sec 4 (3)

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

    Defendant failed to appear- Warrant of Arrest Issued.  No arrest made as yet.

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  10. Reid’s Premier Tours
    Owner: Steve Reid

    Charges-Failing to make contributions to a plan for employee. Sec 4 (3)

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

    Failing to supply Information (Sec 82 3)

    Matter adjourned to the 26th June 2014 employer had proposal which he sent on the 23rd June but did not contain any Payment Plan schedule. Crown Counsel (Mr. Ferguson) addressed the Court on this and Court asked the employer to explain. Employer said he was trying to get his public transport license renewed but was denied because he was in arrears with pensions, and the DLP were not able to write a letter of good standing to the Public Transport Board, to enable his license renewal.

    At hearing the 26th June prosecutor explained that accused was to present a proposal but has not been cooperating with the DLP as he had not contacted Mr. Best to meet. Court inquired if he agreed with the statement, he acknowledged this. Adjourned to the 31st July 2014 to sort this out.

    Accused met with Mr. Ferguson and Mr. Best at the DLP office on the 24th July to discuss proposal to offset arrears and the way forward. Employer was told that the proposed $300 per month would not be an acceptable figure, but a lump sum, and balloon payments would be the way to have the arrears paid.

    At court hearing on the 31st July the accused turned up late, a warrant had been originally issued was stayed and the matter adjourned to the 28th August 2014. Since then there has been correspondence between the accused and the NPO with correspondence to the Director in relation to a letter of good standing. It was reiterated what was expected in terms of payment. Response being awaited.

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  12. W5 Security Services Ltd
    Owner: Garth Ebanks

    Charges-Failing to make contributions to a plan for employee. Sec 4 (3)

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

    Failing to supply Information (Sec 82 3)

    Further adjournment to the 15th May 2014 after submissions by Mr. Ferguson on behalf of the legal dept.

    Matter mentioned on the 15th May. Employer produced a receipt dated the 13th May showing two payments of CI$200.00, each were received. Matter further adjourned until the 25th September 2014.

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

    Charges - Failing to make contributions to a plan for employee. Sec 4 (3)

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

    Matter adjourned until 15th May 2014.
    Payments not on scheduled Feb and March 2014 are outstanding supposed to submit by then.

    At hearing on the 15th May a further payment of $5000 had been paid. Matter adjourned until the 25th September 2014.

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  16. Cayman Repairs and Construction Ltd
    Owner: Ray Bowen

    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. Owner off island.

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  18. Precision Landscaping
    Owner: Donald Thompson

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

    26 counts of failing to make Contributions Sec 4 (3)

    Matter adjourned to the 20th February 2014 trial dates vacated. Meeting to be held with all parties and Legal for the purpose of looking at documentation produced and the way forward to resolution.

    Further adjourned to the 31st July 2014, dialogue ongoing towards a resolution.

    At Hearing on the above date, certain aspects of the investigations were not quite clear. Dialogue was undertaken with the employer’s attorney and himself, to arrange a date to meet and be provided with documentation in relation to what payments were made, so that the necessary adjustments could be made and the arrears regularized.

    Matter adjourned 28th October 2014 for all this to be finalized.

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  20. Guardian Security Services.
    Owner: Halcy Lofters

    Charged with Seventeen counts of failing to contribute to a pension plan. Sec. 4(3) of the NPL.

    Dialogue with the employer to rectify this situation so that efforts to enroll all accounts to be made for funds to be remitted.

    At hearing on the 27th March 2014 representation was made to indicate that three persons who were not enrolled one had contacted and had sent the relevant documentation to be enrolled; the other two had been sent e-mails so that the process could be carried out. In regard to the other persons, no contact information was available at present.

    Four persons were enrolled from the remaining employees who were not enrolled; the accused was furnished with the figure for these employees to be paid into their accounts that are now set up.

    Matter adjourned until the 3rd June 2014 for process to continue. At hearing accused did not turn up a warrant was issued and stayed. Next hearing 26th June 2014.

    At Hearing, employer’s attorney Mr. Dacosta indicated that matter should be concluded by the next Hearing, when a Payment Plan should be entered into. This was adjourned to the 25th September 2014 for sentencing, as she had pleaded guilty previously.

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

    Charges - 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.

    No arrest made as yet.

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  24. Sonek Trading Co Ltd T/A Island Rental &Real Estate. (Ceased trading.)
    Owner: Kerry Horek / Andre Jackson.

    Charges - Failing without reasonable cause to make contributions to a pension plan. (Sec 4 (1)

    Failing to pay arrears of contributions within time given by the Supt. (Sec 48 (3)

    Failing to comply with request for information for the purpose of ascertaining compliance. (Sec 82 (2)

    Matter was further adjourned to the 28th August 2014 for mention. The accused is now represented by Paget-Brown Chambers.

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  26. Electrical Enterprises 2000 ltd.
    Owner: Robert and Betty Ann Duty.

    Charges - Failing without reasonable cause to make contributions to a pension plan for an employee. (Sec 4 (1).

    Failing without reasonable cause to provide a pension plan for an employee.  (Sec 4 (3).

    Matter is for mention which is the first hearing on the 13th May 2014. (Combination of 72 charges.)

    Further adjourned to the 25th September 2014 during which time Attorney to submit in writing for accountability her client’s position.

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  28. Cayman Surveying Property Consultants Ltd.
    Owner – Mr. Leonard Prospere

    Charges - Failing to pay arrears of contributions within the time given by the Superintendent.  (Sec 48 (3).

    Failing without reasonable cause to provide information as requested by the Superintendent of Pensions to ascertain compliance with the NPL and regulations. (Sec 82 (3).

    Failing without reasonable cause to make contributions to a pension plan for an employee. (Sec 4 (1).   (Four 4 counts.)

    Matter is for first mention on the 27th May 2014.

    This matter was adjourned to the 26th June 2014.The Magistrate instructed the accused to have dialogue with the DLP to arrange how he is going to pay what is owed. He indicated his property in St Lucia is up for sale to pay off what is owed. Adjourned until the 26th June 2014.

    Further adjourned to the 31st July 2014.

    At the above Hearing, the accused requested more time in dealing with the properties for sale to realize funds to offset arrears which as of May 2014 was $37,387.85. Matter adjourned to the 25th September 2014.

 

Matters completed

  1. Creative Expressions Beauty and Barber. Matter completed payment made other charges left on file
    Owner: Garth Powell

    Charges-: Failing without reasonable cause to provide a pension plan. Sec 4 (3)

    Failing to supply information Sec 82 (3)

    Payments made.

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

    Charges - Failing to make contributions Sec 4 (3)

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

    At hearing 22th April 2014 all charges dismissed as it was accepted that no proceedings could occur as Mr. Seales was dead and was the sole director. Documentation was produced to show business closed. Ex-employees would have to take civil action to recover their funds.

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  5. A&C Construction.
    Owner: Clive Smith

    Charges- Failing to make contributions to a plan for employee. Sec 4 (3) withdrawn.

    Failing to supply Information (Sec 82 3)

    Charge No 1 was withdrawn and a guilty plea was entered on the 6th February 2014.

    At a sentencing hearing on the 20th March 2014 the accused was fined $350.00CI in one month or one month imprisonment in default of payment.

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  7. Cayman Fidelity Real Estate Services Ltd.
    Owner – Mr. Donnie Smith

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

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

    Failing to supply Information (Sec 82 3)

    Arrears paid in full.