WORC investigates HR complaints at hotel
(CNS): The Palm Heights hotel, which has become popular with celebrities visiting the Cayman Islands, is under investigation by Workforce Opportunities and Residency Cayman (WORC) after the government agency received information “about possible infractions of the Immigration Transition Act” at the Seven Mile Beach resort. Officials at WORC told CNS they were looking at allegations of people working outside the scope of permits.
“The investigation is still very much active at this time,” a senior WORC official said last week. “We are working closely with all relevant enforcement agencies.”
CNS has learned that some employees at the hotel, on the property owned by Dart but managed by designer Gabriella Khalil, the founder and creative director, have made allegations about poor working conditions and discrimination at the exclusive resort.
CNS has spent two weeks asking the management at Palm Heights to comment on the allegations, giving them the platform to state their position. However, they have refused to address any of our inquiries, instead sending a series of letters through their lawyers in which they made repeated references to potential litigation even before any story had been published.
The London-based lawyers insisted that the content of all three letters was not for publication. Therefore, as we made clear to them, this means that the hotel management has still not commented on the record about the situation at the hotel, despite every effort by CNS to give them that opportunity.
The hotel has not acknowledged the WORC investigation or said if the management is cooperating with that inquiry. CNS asked whether an internal investigation had been undertaken into allegations of bullying, discrimination and victimization against any members of the supervisory team. We also asked questions about the gratuities scheme at the hotel and the management’s compliance with various legal obligations, none of which were answered on the record.
CNS was contacted earlier this month by a number of employees and surrogates, who indicated that there were concerns about how staff were being treated and made allegations of infractions of several labour-related laws.
Meanwhile, Sandy Hill, the owner of Cayman Marl Road, which has published several reports about the hotel on the website that have been discussed on Hill’s morning talk show, has not received any legal threats from the owners or management of Palm Heights. She said she stands by the reports published on the site and social media pages.
Following suggestions that Palm Heights staff members had received threats as a result of those reports and were seeking the assistance of the police, and that staff members were being escorted to and from work, CNS contacted the RCIPS, which confirmed that no investigation was underway regarding hotel staff being threatened.
We also contacted the communications team at Dart as the owners of the property, but they declined to make any comment about the allegations or the WORC investigation.
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Category: Business, Local News, Tourism
Does the hotel get work permits for any influencers it brings in to promote it?
Probably. It is gainful occupation (even if all they are getting is heavily discounted room and board).
Yup. That would require a work permit.
I wonder if the work permits were revoked from any that were caught bringing in drugs?
Spoiler alert: the vast majority of them do not have permits, and most of the compensation received is “off the books”. Just ask the “influencers” (🙄) yourself – they’ll tell you straight that they don’t know anything about a work permit.
Lots of illegal work permit violations all over the Cayman Islands by businesses.
But I thought we had robust law enforcement agencies who enforce the law equally and robustly all day, every day?
At least, that’s what we pay them to do?
Complaints of having to show up on time, people hiring people more qualified to do the job, complaints of performance management. I rarely believe the complainants in Cayman
I just googled Gabriella Khalil, did you know she’s not simply talented? She’s ‘incredibly talented’, it says so on her website.
Oddly, it doesn’t mention her decades in Hotels…
They all are, that’s what social media’s for, – to tell us
nothing surprises me here anymore re hotels etc.Some not all r taking advantage of overseas staff and paying them diddly squat knowing that they hv no choice than to work measily jobs for the bare minimum.What has happened to minimum wages talks?Another wasted venture so as not to upset the status quo.
Shamefull.
Another Flake… she even has “An insider’s guide to Cayman.”
We are blessed to have all of her several days in Cayman “Insider Experience.”
Give me an effing break. These people take themselves so seriously ..
why are you so mean? she’s “incredibly talented”, thats all you need…she should be given a position in government, and probably made governor, shes’ incredible
and btw, i am certain this has nothing to do with Dart’s yet again inability to actually run any business here, because all the Dart execs are amazing also..amazing in no experience in anything, but amazing…
i think we all have this wrong…Gaby is amazing. she said she is…i hope shes my pilot on my next plane…shes incredible
Chuck Norris, is that you ?
“The London-based lawyers insisted that the content of all three letters was not for publication.”
Wondering whether Palm Heights’ “London-based lawyers” are doing illegal legal work?
Section 10(1) of the Legal Practitioners Act (2022 Revision) reads:
“Subject to section 4, a person who, not being admitted to practice and enrolled as an attorney-at-law, or otherwise lawfully authorised, shall, either directly or indirectly, for, or in expectation of, any fee, gain or reward, draw or prepare any instrument relating to moveable or immovable property or any legal proceeding, or shall reciprocate any fee, gain or reward for drawing or preparing any such instrument or proceeding or proceedings, commits an offence and is liable on summary conviction to a fine of two hundred dollars.”
And, more to the point, if illegal legal work has been carried out by their “London-based lawyers”, which is a criminal offence (instead of Cayman lawyers), and then the proceeds deposited into a bank account, that amounts to money laundering offences.
Why are the “London-based lawyers” answering responding to CNS questions, rather than Cayman lawyers?
Interesting that the Legal Practitioners Act applies to conduct undertaken in London. I wasn’t aware that it had extra-territorial effect even though it would be contrary to all usual legal principles for it to do so.
This absurd misunderstanding of the law is so prevalent on this website, I can only imagine it’s the same handful of legally challenged people posting it.
In any event, please do go ahead and seek to enforce Cayman statute in an entirely different country and report back on the results.
Have it your way. I am going to employ some Honduran paralegals in Cayman, selling English Legal Services to persons in the UK. They will call themselves Windsor Solicitors, and practice English Law in direct competition with every English solicitor and law firm, but requiring none of the training, standards, or insurances.
or might it be that the Solicitor’s Regulatory Authority would reach across to the Cayman Islands and shut me down?
Go for it.
You aren’t subject to English law unless extended to the Cayman Islands by an order in Council.
You could of course be liable if you are holding yourself out to clients as an English solicitor when you are not, but that is not what we are talking about.
Are you under the impression that the proceeds of any activity conducted in the Cayman Islands that would breach the laws of another country if conducted there would be the “Proceeds of Crime” and thus money laundering?
Better tell all the Cayman bars then, as I am fairly sure it’s against the law to serve alcohol in Saudi Arabia.
You only have to think through a few other examples that result from your position to see how absurd it is.
Umm – the SRA applies to anyone, anywhere, holding themselves out as an English Solicitor.
And yes – making money in the Cayman Islands by unlawful acts (under Cayman law) represents the proceeds of crime.
The SRA has no authority outside the UK. Simple fact.
As to whether to would be a crime in the UK that is an entirely different point, but either way, why are you quoting Cayman statute then?
Which UK statute would they be breaking?
The SRA. Advising on foreign law without qualification (or insurance)?
Probably giving the jobs to the illegals washing up on the shore “claiming” to be seeking asylum! I thought only the USA allowed people to walk up and say,” we’re here!”, welcome to socialism Grand Cayman! When will you be added on to one of the American territories? I’ve been trying desperately to get hired there because we purchased property there and NOPE! Never even a word back from government saying the position was filled! 😡😡😡😡🤡🤡🤡🤡🤡🤡🤡
Rather than thumbs down a comment you don’t like why not indicate why they are not correct? Think you might find that a challenge. Read the definition helpfully supplied by the OP – how exactly is a London lawyer telling someone in Cayman that the allegations the less are looking into may result in legal proceedings, without any reference to where those proceedings may take place, constitute issuing an instrument relating to property or a legal proceeding? And the OP is spot on – taking action for breach of Cayman law and then trying to enforce that in a jurisdiction which doesn’t have comparable legislation – good luck with that.
Read the definition you’ve quoted again and let us know where someone in Cayman hiring someone overseas to write a letter is forbidden. There is no extant legal proceeding to which the “instrument” relates.
If I was a client and I had to choose between London lawyers and you advising me I think I know where I’d go.
That would be fun to watch, especially on issues of Cayman gratuities law, pension law, health insurance law, immigration law, and employment law – all of which are totally different to the UK.
The English solicitors are unlikely to have a clue. I think the consequences are called Karma.
Why are you assuming that any action brought would necessarily be brought under Cayman law?
The position when it comes to claims for defamation, breaches of confidentiality or the like on line is far more complicated that simply looking at the jurisdiction of the publishing party.
The truth of the matter is you know nothing about the details here, but somehow want to turn an article about a WORC investigation into a discussion about your own pet views about the practice of Cayman law outside of the Cayman Islands.
Of course, ignore the point I’ve made that it’s not illegal.
Of course English solicitors don’t understand the specifics of the laws you mention. It’s also obvious that none of those would have been addressed in any detail in this particular letter.
Nice
If there are issues, one assumes they arise out of a degree of non compliance with Cayman law. If advice on Cayman law is being sought from solicitors who do not know Cayman law, then it is perhaps not surprising that things may go wrong.
There is no evidence for the fact that the English lawyers are acting with respect to Cayman law.
If you think that a claim in this instance can only be under the laws of this Island because one of the parties is based here, then it perhaps just highlights your deficiencies as a lawyer.
https://www.pinsentmasons.com/out-law/analysis/ruling-heightens-risk-of-uk-data-and-defamation-claims-for-us-media
Forum Conveniens? Cayman or England?
Place is a cesspool of Eurotrash and Instram crowd. Those Instagram people like to hold themselves out a something special but they only thing they have accomplished is becoming popular in a fake app in a fake world.
First, we had Dart doing as he wished .
Then,Dart’s senior management throw their weight and money around as they look down on us.
Next we not only have Dart’s kids, but apparently their kid’s Friend shooing us away as Island inconvenient trash.
Kenneth, you keep boasting about “my people”. You keep reminding us “Kenneth Bryan, Minister of tourism”.
Now get off your billboards and stop these flakes from trampling on Cayman’s workers.
You cry babies need to shut up. This is a business trying to make a profit and getting workers to just do their job. All this is caused because this Marl Road person just always drums up trouble where there is not anything. If these workers don’t like it, just quit. Grow up as we are in the modern world now and not the island that time forgot.
Maybe it should be your mother she told to get on her hands and knees to scrub her floors. You think she could have said this to anyone in America and there wouldn’t have been protest? Why should cayman be any different?
Accept racism or quit? Are you for real? Let’s hope you don’t hold any permits.
What a drama queen you are. Racism, wow that is the favorite excuses card for anyone who is lazy and just trying to get out of working. By the way,, most of all these complaints are by people who are here on a work permit. If things are so bad, why not go back to their home country? Or maybe you bleeding hearts will just move them into your home and take care of them.
That is 10000% correct. This is been blown way out of proportion. These workers need to do as they are told and being paid for. What do they all think that they are managers? You don’t like your job then leave and don’t let the door hit you in the behind on your way out.
lmfao you sound so mad about this for zero reason lol
you dont use social media it seems, so ignore it then lol
Probably one of the top 10 relevant comments I’ve read anywhere, outstanding.
respect 6:30 👊
WORC, DLP, what took you so long?
Do you understand the practices that have caused Caymanians to flee and be excluded from the tourism industry? Do you understand your facilitation?
They are on it now. Stop criticising.
Crap is going on all over the place. It is not new. They have literally facilitated it by a decade of inaction. These work practices did not suddenly pop up overnight.
Easy to blame the system and not things that also matter, such as work ethic.
Tell me you’re anti-Caymanian without telling me. This has nothing to do with work ethic smarty.
Because you have heard one side of the story so that must be the truth? How about you let WORC and RCIPS conduct their investigation and determine if there is a case to answer.
the lady was Jamaican, not Caymanian. so it is anti Jamaican if anything
Oh, is that what’s happening here? We are now questioning the work ethic of the Jamaican lady that allegedly wouldn’t get down on her hands and knees like a slave and scrub the floor? While allegedly the person with a lighter complexion was given the okay to use the pressure washer? Yeah, surely a work ethics issue. 🙄
Caymanians don’t have to put up with that shit, and if we stopped importing wannabe slave masters alongside third world poverty to work for slave wages, nobody else would either. You, and anyone else that refuses to see the clear issues with immigrants lording work permits over other immigrants, can gargle my nackas.
But you would be ok with Caymanians lording work permits over immigrants? How about we don’t put up with employers using their holding of the work permit to abuse anybody? Simple really – issue the WP for a type of job to the employee, not the employer, and watch all those abuses enforced by the threat of deportation on cancellation of the WP without cause vanish.
Point out the combination of words in the statement where I said that it was okay for Caymanians. I’ll wait.
When you can’t find it, I hope you’ll take the time to reflect on what it is that makes your anti-Caymanian feelings so strong. Nothing in this situation has anything to do with Caymanians; stop trying to make it about us.
For clarity: Caymanian or otherwise, anyone treating people this way should be penalized and punished as per our laws. It’s a disgusting way to treat fellow human beings, but it won’t stop until we stop importing desperate people living in poverty to our shores.
OK – challenge accepted “the clear issues with immigrants lording work permits …”. If you thought it was not Ok for Caymanians, why not say “employers” rather “immigrants”? Or “people”? Or any generic term that could include Caymanian employers. By adding “immigrants” you have made it specific to that group.
BTW I don’t have to reflect on my anti Caymanian feelings – I am Caymanian, but love your assumption that because I call you on this it must mean I am an expat. I entirely agree with you that the issue at hand is employer abuse and it has NOTHING to do with immigration status – so why did you make it one by specifically saying the problem was with expatriates doing it? Hmm.
Bit of unconscious bias – perhaps you have some reflecting to do.
The reason is simple: I don’t use generic terms because I’m not speaking generally. I am speaking specifically to the topic of the article we are both replying to. The current topic *is* about immigrants. I haven’t *made* it specific to that group: this scenario *IS* specific to that group. This has *nothing* to do with Caymanians. Stop trying to make it seem otherwise.
I never assumed you were an “expat” (read: immigrant), and you don’t have to be an immigrant to be anti-Caymanian. Plenty people in our government (and especially the opposition) working hard against the Caymanian people everyday. Perhaps that’s something you should look into and educate yourself on if you want to do something to better Caymanians, instead of defending factual statements on the internet.
3:36 FYI most people abusing W/P holders are Jamaicans.
Work ethic, always brought up as an excuse, with out ever considering the reason why work ethic becomes poor.
Starvation wages, little chance of advancement even with a good work ethic, etc.
The poor work ethic is a symptom of the bad employment system, not the cause.
Where there is no hope there is poor work ethic.
Having to do some work?
It will be interesting to see if this was just people complaining about being asked to do their job.
By scrubbing floors on your hand and knees? Which era are you from? We slow with many things but you insisting slavery duties proves to me and Worc that the slavery mentality still exists.
So they claim..
7.58pm Yes slavery still exists and some Caymanians are directly involved.For decades some local employers have exploited their workers and if they complain, cancel their work permits and have them chased off this island.
Everywhere has their bad apples, but that is not relevant at all to this situation. Allegedly, this is an immigrant lording a work permit over another immigrant, both employed by a third immigrant. Stop trying to change the narrative just because it isn’t convenient to your agenda.
in a building owned by another immigrant, and serving other immigrants.
I love the bad apple analogy.
Now what is that saying?
“A bad apple spoils the barrel”
You leave those “few” bad apples in Cayman and the rot spreads to the other apples.
Then all you are left with are bad apples and few “rotten” apples
In response to your thinly-veiled anti-Caymanian message : https://caymannewsservice.com/2023/08/worc-investigates-hr-complaints-at-hotel/#comment-609324
Yes it will. CMR fired up the mob again for what may be nothing at all in the end.
The management’s silence speaks volumes. They’re just hoping that with enough time, people will forget about it and they may unfortunately be right.
Maids and Housemen have very low base salaries BUT they are also legally required to receive an equal, prorated portion of the gratuity collections. Again, by law, gratuity payments are 10% of the nightly rate. Generally, this scheme results in a very decent hourly wage, particularly during high season.
If the hotel is comping their “influencer” guests while utilizing some other creative scheme to generate alternative sources of revenue from their guests, then the maids, housemen and other staff are loosing out on wages as the guest payments are being earmarked toward “other” accounts. Their wages are kept artificially low while the hotel’s revenue is maintained.
We should also note that schemes like this will keep the tourist tax revenue artificially low as this is also based on 14% of the hotel’s nightly rate.
What law are you talking about?
The Labour Act
The Minimum Wage Regulations
The Immigration (Transition) Act
The National Pensions Act
And the law of doing the right thing.
There is nothing illegal or wrong with this system if the goal is simply “heads in bed;” however, I think most would assume that an employer has a moral obligation to subsidize their staff’s hourly rate if the base plus gratuities aren’t generating a living wage. Unfortunately this is a minimum wage issue for the politicians to sort out.
Asking someone to do their job isn’t a crime, ie cleaning floors if you are a housekeeper. Certain stains and rust need to be be addressed by hand so you can’t say it’s any injustice that one person was given a polisher while the other was give a washcloth when you don’t know the context of the request.
No one, not matter your race, gender, nationality or sexual orientation, should never be subject to verbal abuse in the work place. Palm Heights management has a corporate duty to investigate this allegation and protect their staff from harassment.
What is the connection between Gabriella and Dart? How does someone with no prior hotel management wind up as its founder? Is she here on permit?
Gabby is, apparently, Dart’s daughter’s best friend.
Nothing to stop you publishing their letters. Don’t be bullied by them.
Go for it Holmes.
Nothing but the law. So yes, please go for it.
Help us o legal one. Which law?
Exactly! What law?! If someone sends you unsolicited letters which you haven’t agreed to keep confidential, you can do what you like with those letters. They have no right to dictate whether or not you can reveal them.
If I was under investigation by WORC, or any other government agency, I wouldn’t be making comments to CNS either. And I expect my attorney would also advise me not to comment to the press.
Except the do not have an attorney. They have solicitor, unqualified to formally comment on matters of domestic Cayman law.
That assumes they have received a formal complaint from WORC that requires a response.
Or an allegation of mistreatment of workers in the Cayman Islands?
That hotel is not owned by Dart, its financed by Daddy Dart for his kids, who have zero experience in anything, and the result is everything you’d expect…go research CNS, you’ll find this is true
The land and building are owned by Dart. The business that operates the hotel is not (at least by Daddy Dart).
Just let them work and make a living. They’ve paid for a work permit, I’m sure the staff isn’t doing brain surgery or rocket science.
No. If the allegations you defend are true, just depriving Caymanians of opportunity, diminishing the economic and social viability of Cayman, and generally disregarding our laws and way of life.
Come on, man! The diminishment of social viability, laws and way of life starts in the home setting.
Because of all of our fellow Caymanians lining up to work in the hotel industry lol.
I suggest a jail term of 6 months. Or the average time it takes to get any service there. Whichever is longer.
….worst service on island, for sure and has been since it opened.
if you want the real story just go ask any major employer about their experiences of hiring caymanians…..
if we can’t have an honest discussion how do we ever find a solution
Your right, how can we have all this great expansion of our economy without being able to get the workers we need.
I did. Maples has had very positive experiences.
… that they won’t be steamrolled, disenfranchised nor taken advantage of? If that’s the ‘real’ story then what’s the issue? I actually believe the ‘real’ story has nothing to do with the anti-Caymanian agenda you’re trying to peddle here. My understanding is the story relates solely to lower paid expat workers allegedly being taken advantage of and mistreated by this employer. But sure, let’s refocus the narrative to what bothers you most about life here.
We appreciate you.
How can the Dart organization who claims to be so “pro-Cayman” allow this to be happening till it now gets to this point? As huge of a company as they are and as many hotels that they own, one would think they would nip this in the bud right away, before it blew up on Marl Road and now on CNS. Could this be just the tip of the iceberg? Something just is not right about all this.
It’s in the story, Dart is the landlord, but has nothing to do with the running of the hotel
Hmm, seems very strange that the Dart gang would let this transpire; regardless of who runs the hotel. But when you have the money they have I guess anything is possible.
God everyone constantly piles on Dat.
Since when are landlords supposed to get involved in the day to day of its tenant’s business?
Do we hold Dart responsible for the quality of food at Market Street restaurants?
If someone was running a sweatshop from my factory are you saying I have i internet in that?
Come on…..
anyone that thinks dart is Pro Caymanian needs to stop drinking the coolaide they’re selling. Dart is pro-dart. Just like Escobar was pro-escobar. one cartel is just like the other. Build a school here, a hospital there and the community will just look the other way at the $100’s millions / $billions his taking from your other pocket.
Dart has spent millions on projects benefiting the local community. Camana Bay is a major asset in bringing the big spenders to Cayman when they visit their luxury beach condos and look for quality restaurants and shopping close by.
Maybe let’s look at what he saved with concessions vs what he spent.
Curious to see if the Compass will report on this as well…. Dart protecting Dart?
The Compass isn’t owned by DART yet. Still awaiting approval apparently.
its interesting that any article that would favour Dart influence never has a paywall, full article always available.