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Exploited workers ‘deported’
Franz Manderson, Chief Immigration Officer
Joaquin Araujo Quiro, Luis Dominguez De La Rosa and
Teodomiro Montero Lopez were deported on 17
January. Francisco Antonio Pena had already left the
country
Friday, January 20, 2006
The four workers from the Dominican Republic who had filed complaints of exploitation against their employer are claiming they were deported to Cuba on Wednesday, 18 January.
However, the Chief Immigration Officer, Franz Manderson, denied they were deported as this is a legal term, which is put in force by Cabinet, but rather they were arrested and put on a plane to leave the country.
Two workers, Osiris Tejeda and Joaquin Araujo had gone to the Immigration Department to deliver letters detailing issues regarding their complaints on 17 January and when they got back to their car, it was surrounded by several Immigration officers who took them into custody.
The other two workers, Luis Dominguez and Teodomiro Montero, were also arrested.
The workers who were employed by a local construction company had alleged they paid DR10,000 pesos for their jobs as well paying for their work permits.
Additionally, they claimed that they were not paid for the overtime they worked for several months, that they were working under illegal conditions and furthermore said that they had no health insurance coverage.
They also alleged there were numerous threats that they would not be able to get another job in the Cayman Islands and they would be deported if they complained.
Nevertheless, these four workers filed complaints with the Employment Relations Department, Health Insurance Commission, the Planning Department, Immigration Department and the Royal Cayman Islands Police Service, (RCIPS).
Subsequently, the Chief Immigration Officer, Franz Manderson, granted these men a two-week visa extension and said adequate time would be given until the matter could be fully investigated by the respective Government agencies.
Moreover, he said the men could work for another company on a temporary work permit.
When the two-week extension was just about to expire, the men had submitted applications for another extension.
There was no stamp issued in their passports and because of their conversations with Mr Manderson and the ongoing investigations with the Health Insurance Commission, the Employment Relations Department and the RCIPS, the men believed that another extension had been granted to enable them to continue pursuing their claim.
Since that time, the investigation into the non-payment of overtime had been resolve by the Employment Relations Department and cheques had been issued to the men.
However, they had refused to accept the cheques, stating that the amount did not come even close to what they believe they were owed and they were taking additional steps with a lawyer.
Mr Manderson said the Immigration Department understood there were no more outstanding complaints against the employer and the Dominican Republicans had overstayed their visa.
“As is our normal procedures, we needed some evidence that their complaints were still active, but they never returned to Immigration,” said Mr Manderson.
“We contacted them by phone to ask them to come in to see our officer to regularize their immigration stay, but they did not do so.
“They continued to remain here illegally, which then lead to their arrest (on Tuesday). We have found that they have no outstanding matters with Labour Office and the Health Insurance Commission. We allowed them to collect their cheques form the labour office before they left (on Wednesday).”
However the workers say an application for a temporary work permit by another construction company was submitted to the Immigration Department for all four of the men.
It was reported to Cayman Net News that the temporary work permit was denied on 17 January because the workers had overstayed their visa extensions. The same day the workers were taken into custody.
They were originally scheduled to leave on a charter flight to the Dominican Republic on Friday, 20 January.
But it was reported by a friend of the men in question that they were put on a flight to Cuba on 18 January and there is no ongoing flight to the Dominican Republic. It is understood too that the men do not have any contacts in Cuba.
Mr Manderson said they were put on a flight on Wednesday rather than Friday, because there was no Caymanian who would put up security for them.
“This a very regrettable situation. It seemed these gentlemen were given some bad advice. The Immigration Department made every attempt to resolve the situation without an arrest being made,” he said.
It was also reported the construction company paid for those tickets with the cheques that were returned to the construction company from the Employment Relations Department.
Mr Manderson too said the tickets were paid for by the construction company that held their permit.
He added that there has been no evidence found that anyone with Immigration acted inappropriately regarding the denial of the men's work permits.
The construction company said it could make no comment on this issue, but in previous interviews spokespersons for the company had denied all allegations related to worker exploitation.
Numerous construction companies that have noticed a growing trend of worker exploitation had praised this high profile case.
One member of the Cayman Contractors Association has said that whether the allegations against the construction company are true or not, the workers deserve to have enough time on the Island to ensure it was fully investigated by all the agencies.
[email protected]
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Franz Manderson, Chief Immigration Officer
Joaquin Araujo Quiro, Luis Dominguez De La Rosa and
Teodomiro Montero Lopez were deported on 17
January. Francisco Antonio Pena had already left the
country
Friday, January 20, 2006
The four workers from the Dominican Republic who had filed complaints of exploitation against their employer are claiming they were deported to Cuba on Wednesday, 18 January.
However, the Chief Immigration Officer, Franz Manderson, denied they were deported as this is a legal term, which is put in force by Cabinet, but rather they were arrested and put on a plane to leave the country.
Two workers, Osiris Tejeda and Joaquin Araujo had gone to the Immigration Department to deliver letters detailing issues regarding their complaints on 17 January and when they got back to their car, it was surrounded by several Immigration officers who took them into custody.
The other two workers, Luis Dominguez and Teodomiro Montero, were also arrested.
The workers who were employed by a local construction company had alleged they paid DR10,000 pesos for their jobs as well paying for their work permits.
Additionally, they claimed that they were not paid for the overtime they worked for several months, that they were working under illegal conditions and furthermore said that they had no health insurance coverage.
They also alleged there were numerous threats that they would not be able to get another job in the Cayman Islands and they would be deported if they complained.
Nevertheless, these four workers filed complaints with the Employment Relations Department, Health Insurance Commission, the Planning Department, Immigration Department and the Royal Cayman Islands Police Service, (RCIPS).
Subsequently, the Chief Immigration Officer, Franz Manderson, granted these men a two-week visa extension and said adequate time would be given until the matter could be fully investigated by the respective Government agencies.
Moreover, he said the men could work for another company on a temporary work permit.
When the two-week extension was just about to expire, the men had submitted applications for another extension.
There was no stamp issued in their passports and because of their conversations with Mr Manderson and the ongoing investigations with the Health Insurance Commission, the Employment Relations Department and the RCIPS, the men believed that another extension had been granted to enable them to continue pursuing their claim.
Since that time, the investigation into the non-payment of overtime had been resolve by the Employment Relations Department and cheques had been issued to the men.
However, they had refused to accept the cheques, stating that the amount did not come even close to what they believe they were owed and they were taking additional steps with a lawyer.
Mr Manderson said the Immigration Department understood there were no more outstanding complaints against the employer and the Dominican Republicans had overstayed their visa.
“As is our normal procedures, we needed some evidence that their complaints were still active, but they never returned to Immigration,” said Mr Manderson.
“We contacted them by phone to ask them to come in to see our officer to regularize their immigration stay, but they did not do so.
“They continued to remain here illegally, which then lead to their arrest (on Tuesday). We have found that they have no outstanding matters with Labour Office and the Health Insurance Commission. We allowed them to collect their cheques form the labour office before they left (on Wednesday).”
However the workers say an application for a temporary work permit by another construction company was submitted to the Immigration Department for all four of the men.
It was reported to Cayman Net News that the temporary work permit was denied on 17 January because the workers had overstayed their visa extensions. The same day the workers were taken into custody.
They were originally scheduled to leave on a charter flight to the Dominican Republic on Friday, 20 January.
But it was reported by a friend of the men in question that they were put on a flight to Cuba on 18 January and there is no ongoing flight to the Dominican Republic. It is understood too that the men do not have any contacts in Cuba.
Mr Manderson said they were put on a flight on Wednesday rather than Friday, because there was no Caymanian who would put up security for them.
“This a very regrettable situation. It seemed these gentlemen were given some bad advice. The Immigration Department made every attempt to resolve the situation without an arrest being made,” he said.
It was also reported the construction company paid for those tickets with the cheques that were returned to the construction company from the Employment Relations Department.
Mr Manderson too said the tickets were paid for by the construction company that held their permit.
He added that there has been no evidence found that anyone with Immigration acted inappropriately regarding the denial of the men's work permits.
The construction company said it could make no comment on this issue, but in previous interviews spokespersons for the company had denied all allegations related to worker exploitation.
Numerous construction companies that have noticed a growing trend of worker exploitation had praised this high profile case.
One member of the Cayman Contractors Association has said that whether the allegations against the construction company are true or not, the workers deserve to have enough time on the Island to ensure it was fully investigated by all the agencies.
[email protected]
Back...
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