Cops retirement discrimination case opens

| 26/10/2016 | 23 Comments

(CNS): A class action brought by around a dozen police and former police officers who say the Royal Cayman Islands Police Association discriminated against them due to both age and nationality opened in Grand Court Tuesday before Justice Robin McMillan. Arguing on behalf of the police officers in their human rights challenge, Attorney Jeffrey Jupp said his clients were forced to retire at age 55, and when they were recruited back into the service on contract, they were all demoted. The lawyer argued that this was a continued, deliberate act on behalf of their employer which breached their rights.

Dealing with preliminary matters and arguments, the case was adjourned after a brief review of the issues that are at odds in the trial, which the judge described as a “major constitutional” case. It is expected to reconvene Wednesday afternoon.

The case was filed in February with the support of the Royal Cayman Islands Police Association. The plaintiffs claim that they were forced to retire at the age of 55 and are only being offered their jobs back on contract at a lower rank and reduce pay. They claim that not only are they being discriminated against based on their age, they also say the discrimination extends to nationality. The enforced retirement does not apply to officers from the UK, who are remaining in post past 55 at the same rank; only Caymanian and Caribbean officers are being impacted by the enforced demotions.

The police association said the advantageous treatment of British officers directly discriminates against their non-British colleagues and the rights of non-UK officers under section 9 of the Bill of Rights have also been breached, the lawsuit stated.

Former police commissioner David Baines, who was named in the legal action,  has returned to Cayman to give evidence in the case.

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Category: Jobs, Local News, Police

Comments (23)

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  1. Anonymous says:

    Surely to collect a pension, it can only be received against the applicant completing a meaningful and industrious career that has been productive.
    If this were enforced, most cops here wouldn’t be retiring until they are over 90 years old.

  2. Hip O'critical says:

    Suddenly …. There is a local interest in the bill of rights!

  3. Anonymous says:

    Leave them to it.

    They are not happy retiring at 55 which they knew was coming when they signed on, not happy at being given further work and being paid addittionally along with a pension and wouldnt be happy if they were forced to work until 60.

    Only in the Cayman Islands!

  4. Burning Spear says:

    Yes Anon 12:20pm your reply and criticisms are predictable and are duly noted, but it also speaks to exactly who you are and your comtempt for truth in its message. Infact it is meant to expose those like yourself views. who silently support this colonial tyranny. Go back sleep the natives are not awake yet.

  5. Anonymous says:

    that was happening a long time, officer Morrison was a victim of this same thing!

  6. Coup De Sabotage says:

    You know things bad when the UK’ Victimizers who are ” Here to reflect the diversity of our community” are now being victimized? You are absolutely spot on 7:54am gone are some of most experienced and intelligent and capable officers and it was not by circumstances either but by design.

  7. The Filmsy lies and the victimless truth says:

    Aaaah 10:45 Mr Cover Up, but you see this started along long time ago by those lowlife promoted cowards who believe they could hide behind and help destroy those who fought against and died and were vanquished by this UK & FCO tyranical regime who will crush anyone and all who dare challenge their rule and control or agenda. We see today just what that level of cowardice and complicity has brought upon this entire island and the level of repression disrespect and lack of confidence and corruption in the RCIPS. It has infact seriously destroyed its very ability to fight crime. Yet we see those same cowards with their inflated promotions rewards and law degrees in other branches of Government trying to replicate their success eleswhere. Things are in such a mess that the recruited and hired help brought here to enforce this very repressive colonial policy are now complaining about being victimized by those who rules us.Honestly what did you expect???? Rest in Peace PC Richard Prendergast PC Charles Khan and all others who stood their ground against this type of tyranny.

    • Anonymous says:

      Now then 7.54, what do we ‘ave ‘ere? Incredibly long sentences without pause for comma’s or full stops, a serious offense indeed. And it would appear conspiracy theories on top, that is treasonous!!

    • Anonymous says:

      CNS … Any news on that WTF button?

  8. Constable Bobbies on the Beat says:

    Some should feel honoured to be given the opportunity to do to others what the mother country has done to them, Please Please stop complaining now when they start taking away the privlleges that weren’t yours in the first place Rule Brittania Rule!

  9. Anonymous says:

    Wait. Wait. So in the police dept they tried to demote the guys they thought were doing a poor job and promoted those who were getting things done? Hey Bobo don’t play that game here. Where did they think they were? London? The U.S.?

    • Nuff Said says:

      No you got it back to front.

      Here the RCIPS promotes those who spend the longest time in the bosses office behind closed doors gossiping or anything thing else but police work.

      The ones that actually do the work are too busy doing their job.

      Everyone knows to get promoted you have to hang out with the bigwigs and drink alot at Sunset House.

    • Anonymous says:

      Listen bobo, your realistic, common sense real world practices can stay at immigration. You aint got no business bringing efficiency and productivity to our island. No sah.

  10. Anonymous says:

    Where else in the world would someone complain about retiring at 55 on a full pension?

    • Anonymous says:

      Not in this case. None of the officers are receiving their full pension. They’ve been forced to retire or take a lower position as a result. It’s the main reason why this case exists.

  11. Anonymous says:

    Brits are always right, you should know that by now.

  12. Hiding the truth, telling lies to cover says:

    They will deep six this suit. Just like all the other cases against other officers in court. Plain and simple.

    Keep dragging it on, people will forget about it.

    What happen to these cases:

    1) The officer who was accused, convicted then appealed his case for Assault at the Red Bay gas station.
    2) The CI accused of assaulting a junior officer
    3) The officer accused, convicted then appealed his case of bribery
    4) The MU officer still in court over traffic offenses, 4yrs running now, for actually doing his job
    5) The officers who were accused of assault in the stop in East End

    Nothing on these anymore, even though they are still on going.

    All in all the RCIPS Command and the DPP have attempted to destroy these officers names, reputation and integrity by putting them in court, then stalling these cases by dragging them out without ever really attempting to conclude them. They tell lies in secret behind closed doors and won’t allow these officers to defend themselves. These cases are prime examples of abuse of process. Now don’t get me wrong, I am sure some of them are bad officers, but I can’t help to think that the lawsuits that are forthcoming, if they are bad, will break the Govt bank. Why keep these cases dragging on for years. If it was a simple case to prove then it should be easy. Alas though some aren’t because there is true biasness and vindictiveness involved in some of these cases.

    Far to long this policy of do as I say, not as I do, has gone on.

    What happened to these cases,

    1) Missing firearms from the police armory, the U.K. Officer that was in charge left with a pension
    2) The officer, who now is in the MU, who was proven to be lying during a case involving a youth in West Bay, in which the officer hit him with a police car on purpose
    3) The Senior RCIPS officer who was found to be abusing his office by dismissing an Inspector
    4) The missing drugs from GT station
    5) The missing seized vessels and engines from the airport compound
    6) The officer who stole drug money from exhibits to fund his vacation in MIA
    7) The officer caught with a handgun at the airport
    8) The officer who beat his girlfriend up then ransacked his neighbors apartment in the WB area
    9) The senior officer who, whilst driving intoxicated, hit a couple of vehicles in the parking lot of Sunset House.

    Come on man, let’s open our eyes. Come on GOVT get up and do something before it costs us all a lot of money. Demand that an independent review of all the cases are completed and the result published.

    • Jotnar says:

      Well, your suggestion that the first three have been managed in such a way as to stall the cases without concluding them or not allowing the officers to defend themselves doesn’t really work given the cases were heard in open court, and the first and third were convicted

    • Anonymous says:

      A better idea .. lets just leave it to a Cayman police with no furriners.

    • Anonymous says:

      Yes an independent review but let it stop at nothing. Ask yourselves why the inequality? These people who brought this action have had businesses, jobs, income or studied at Government expense all on work time.
      The very people they complain against cannot work outside their permit, live life in three year increments, cannot attend law school, cannot own businesses etc. If it is inequality being questioned then lets have all the facts.
      It may well be an idea to introduce the idea of means testing whereby any judgement in court is reflected on how many other incomes are being received from elsewhere. Just a thought.

  13. Anonymous says:

    But the UK and Canadian and other nationality officers are all on contract with three year reviews? Not the same thing. The Caymanian officers are on open contracts without review.

    • Anonymous says:

      It may be worth asking why no British or Canadian officers have been allowed to study law at government expense during work time on a daily basis? All I ever see there are Caribbean officers and plenty of them too. I often wonder who is left at the station doing all the work?

  14. Sucks free cayman says:

    Some who believed that when they assist the former colonial power in a common goal in the demise of the Caymanian society and its values for their sole benefit. Then believe that it won’t happen to them should simply look at themselves and,remind themselves exactly why they have been brought here from former colonies. They should also understand exactly why they are here to divide and rule and should feel privileged to be given the opportunity. Colonial power not only finds their complaints disrespectful but simply ungrateful.

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