A significant judgment in a labour and employment matter has confirmed that a group of workers who provided services to Stingray Tours for a period spanning more than ten (10) years were, in law, employees of the company and therefore entitled to the protections and benefits provided under the applicable Labour Act.
The Department of Labour & Pensions (DLP) presented their case to the Office of the Director of Public Prosecutions (ODPP) who took the case to court in early 2026. After a thorough investigation it was determined that the workers had maintained that, although they were compensated on a commission-based arrangement, the nature and duration of their relationship with the company demonstrated that they were employees rather than independent contractors. Over the course of their engagement, the workers were not provided with paid vacation leave or paid sick leave, benefits generally available to employees under the Labour Act.
The company, however, took the position that the workers were not full-time employees and therefore were not entitled to paid vacation or sick leave under the legislation.
After considering the evidence presented by both sides, the Court determined that the workers had provided sufficient evidence to establish that they were employees of the company. The Court therefore found that they were entitled to the applicable statutory benefits and protections under the Labour Act, notwithstanding the commission-based nature of their compensation.
As a result of the judgment, the company was subject to 10 criminal charges and was ordered to comply with the requirements of the Labour Act and to compensate the affected workers in accordance with the Court's determination, which resulted in a total of approximately CI$86,230.00 in vacation pay and CI$4,080.00 in sick leave pay. Additionally, the DLP continues its investigation relative to Pension non-compliance.
Minister for Labour Hon Michael Myles said, “This case sends a clear message that companies are on notice: the Labour Act must be respected and complied with. Employers cannot simply structure working arrangements in a particular way, to avoid their legal responsibilities or deprive workers of statutory rights and protections.”
He further stated, “I am particularly pleased that this matter demonstrates the value of holding employers accountable. I commend the entire Labour team at DLP for their work and dedication in investigating this matter which went to court which ultimately led to a successful prosecution and a significant outcome for the affected workers.”
The public is also reminded that the Department of Labour and Pensions will continue to enforce the Labour Act and will act against employers who fail in their duty to ensure that employees receive the pension benefits to which they are legally entitled.