⚖️ Cayman Islands Court of Appeal rules against charity worker's labour rights claim

The Cayman Islands Court of Appeal has ruled against a woman who was dismissed from a non-profit organization and had previously won a partial legal victory regarding her labour rights. The Grand Court had previously found that the Labour Act was incompatible with the Bill of Rights as it excluded workers from non-profit organizations. However, the appeal court has now disagreed, stating that the Bill of Rights does not protect workers who are excluded under the Labour Act. This means that if a person working for an organization not covered under the law, such as non-profits and churches, is dismissed, there is no legal tribunal where their case can be heard if they believe their dismissal was unfair. 📜

The case involved Shelliann Bush, who had worked at the Pines Retirement Home, a registered non-profit organization, for over ten years. She was dismissed in November 2021 after refusing to get vaccinated against COVID-19 on religious grounds and due to concerns about the vaccine's testing. The Pines had implemented a mandatory vaccine policy for all staff due to the vulnerability of its residents to the virus. Bush went to work while positive for COVID-19, leading to some residents getting infected, and was subsequently dismissed. The lower court found that Bush had offered no evidence of religious discrimination but did find that she had been discriminated against on other grounds. However, the appeal court disagreed with these findings, stating that there was no fundamental right to a legal hearing for workers dismissed from non-profit organizations. ⚖️