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Judgment · jid 1855

Shelliann Bush v The Attorney General of the Cayman Islands et al

G 0155 OF 2022 (LACV 0075 OF 2022) · 2023-Apr-25

Distinction between unfair dismissal (ss 49-55 Labour Act) and wrongful dismissal - Separate remedies. Jurisdiction of Grand Court limited to wrongful dismissal - Claim for unfair dismissal by employee of a Cayman Islands charity not investigated by Labour Tribunal because lack of jurisdiction arising from s 3 Labour Act which provides that provisions of Labour Act do not apply to charities. Whether lack of access to the Labour Tribunal constituted a breach of the Petitioner?s rights under ss 7, 9, 10 and 16 of the Cayman Islands Constitution Order 2009, Part 1, Bill of Rights, Freedoms and Responsibilities. Whether s3 Labour Act incompatible with Bill of Rights. Whether the Petitioner waived her right to bring proceedings by virtue of provision in her contract of employment.

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