More than 50 dockworkers have joined forces to sue the Port Authority of the Cayman Islands over what they say is at least $4.5 million in unpaid wages dating back eight years.
The disgruntled workers, who all work, or worked, on the nightshift at the islands’ ports, lodged a writ with the courts on 24 April – with a deadline of 14 days for the authority to settle or declare an intention to contest the claim.
The issue of overtime pay was reported on in January when Port Authority board chair Cline Glidden came before the Public Accounts Committee to defend expenditure of nearly $46,000 on a staff Christmas party in 2023, after spending $56,000 on the event the year before.
Everton Dewar, a barrister from Brady Law, who represents the group of about 57 men, or next-of-kin in the case of workers who have since died, said the plaintiffs were still waiting on pay-related documents from the authority from between 2018 and 2025.
Dewar said, “It’s voluminous, so it will probably take some time. It’s eight years of claims and 57 workers in total.
“They are angry and upset because they feel they have been treated without regard.”
Dewar added, “These are people who worked nights and it’s money they have already worked for.
“They are now asking to be paid what is rightfully theirs.”
He added, “It’s a lot of money – millions of dollars. So far, almost $3 million and we’re looking at another $1.5-$2 million to add to this.”
But he emphasised he was limited in how much he could say about the case as it was now before the courts.
Dewar said, “I have written to the Port Authority’s counsel because we are still hoping to settle this amicably.”
But he added, “I have put them on notice that the claim will be expedited when we are given the documents we have asked for.”
Dewar said both holiday and sick-leave pay were affected by the failure to pay the correct number of hours a shift or enhanced night-work rates. The workers are also claiming for unpaid overtime and unpaid annual leave entitlement.
“It affects their spending power, it affects their pensions, it affects their whole financial lives,” he said.
‘Underpaid’
The writ noted, “Rather than being paid at the 11- or 10-hour workdays for their entitled annual leave days, the defendant underpaid the plaintiffs by only paying them for nine-hour work days when the plaintiffs had never regularly worked a nine-hour workday.
“Additionally, the defendants underpaid the plaintiffs by paying them at an hourly rate less than their basic wage, with respect to the annual leave days to which they were entitled.”
It added, “The defendants breached the respective contracts of employment by underpaying the plaintiffs in respect of their entitled annual vacation.”
As well as underpaying them for their annual leave, the writ stated, the Port Authority also incorrectly categorised the plaintiffs as working less than 40 hours a week and paying them leave pay as pro-rated for the period they claim.
Dewar said, “We don’t have any idea how this happened, but the fact remains they were being short-paid.”
The writ added that, after the workers became aware of the shortfall in annual leave payment in 2019, they raised it with management, but their claim was rejected.
The claimants also want the court to add interest to the claimed amounts, costs and “any other relief this court deems necessary”.
Some of the workers involved are, or were, employed as truckers, large-forklift drivers and crane operators. Others were assistant supervisors, mechanics, stevedores, small forklift drivers, tally clerks or labourers.
At least three of the plaintiffs named on the writ have died, while others have left the employment of the authority and some had moved abroad.
But Dewar said that changes in status did not affect the validity of the claims and next-of-kin of dead workers were entitled to any cash awarded by a court.
The Compass has reached out to the Port Authority for comment and is awaiting a reply.