The Gender Equality Law, 2011 established an independent Tribunal to hear and determine discrimination complaints.
If a person has reasonable grounds to believe that they have been discriminated against as outlined in this Law, a complaint can be made to the Tribunal within 6 months from the date on which the alleged acts occurred. A complaint can also be made by another person other than the alleged victim of discrimination but the Tribunal cannot deal with the complaint unless the alleged victim consents. To file a complaint with the Gender Equality Tribunal, please download the Complaint Form and follow the instructions on the form. Once the form is completed it can be emailed to get@gov.ky.
The Gender Equality Tribunal's Policies and Procedures contain more information about the role and functions of the Tribunal and how complaints will be handled.
A five person Tribunal, chaired by an attorney-at-law, has been established by the Gender Equality Law, 2011 to hear and determine discrimination complaints.
In hearing and determining complaints, the Tribunal shall not be subject to the direction or control of any other person. Tribunal members are appointed to serve at the pleasure of the Governor in Cabinet and have experience and qualification in gender, social development, human rights, labour and related fields.
The current members are –
The Tribunal receives administrative and secretarial support through the Gender Affairs Unit.
If you have reasonable grounds to believe that you have been discriminated against as outlined in the Gender Equality Law, a complaint can be made to the Gender Equality Tribunal within 6 months of the date on which the alleged act(s) occurred. A complaint can also be made by someone other than the alleged victim of discrimination. However, the Tribunal cannot deal with a complaint made by a third party unless the alleged victim consents.
To file a complaint with the Gender Equality Tribunal, please download the Complaint Form and follow the instructions. Once the form is completed it can be emailed to get@gov.ky.
For any reason and at any stage after the filing of a complaint but before the commencement of a hearing, a complainant may withdraw his or her complaint by written notice to the Tribunal. The notice need not include reasons for the withdrawal. At any stage after the filing of a complaint and before the commencement of a hearing by the Tribunal, the parties may also make an agreement and notify the Tribunal, in writing, of the terms of the agreement.
Before convening a hearing, the Gender Equality Tribunal may receive written representations from all parties regarding the allegations in the complaint. These submissions may include supporting evidence and each party will have a right to respond to any facts and issues that have been raised by the other party. The Tribunal may also exercise its power under the Gender Equality Law, 2011 to compel the production of evidence from any person the Tribunal has reasonable grounds to believe is committing gender discrimination or breaching any other provision of the Law.
Once all submissions and evidence have been received by the Tribunal and exchanged between the parties, the Tribunal will schedule a hearing to consider the complaint. All parties and their designated representatives, if any, will receive written notice of the date, time and place of the hearing and information on their rights under the Law and the procedures that will be followed respecting the hearing. The Tribunal may also issue summonses to compel the attendance of any witnesses at the hearing.
After filing a complaint and before a hearing begins, the complainant and respondent may make an agreement that would withdraw the complaint. However, if this happens, both parties must notify the Tribunal in writing of the terms of the agreement.
Following the pre-hearing process, the Gender Equality Tribunal may convene a hearing to hear and determine the discrimination complaint. A party to a matter before the Tribunal is entitled to appear at the hearing in person and also to have his or her legal representative present. During a hearing, both parties will have the right to present evidence, give testimony, call witnesses and to cross examine witnesses. The Tribunal may also examine witnesses or parties and all oral testimony or evidence will be given under oath or affirmation. The Tribunal will make a decision on the complaint within twenty-eight days of the conclusion of the hearing and will communicate the decision and the reasons for that decision in writing to both parties.
The Gender Equality Tribunal's Policies and Procedures contain more information about how complaints will be handled and what to expect at a hearing.
The Tribunal may refuse a complaint or not accept a complaint on procedural grounds during a meeting and shall convene a hearing to consider any complaint that has been duly recorded and not subsequently withdrawn by the complainant and administratively closed.
After a hearing, the Tribunal may find that a complaint is substantiated, frivolous or vexatious, or incorrect in its allegations or suspicions. Hearing decisions will be based only on evidence presented at the hearing, including any written submissions and evidence received during the pre-hearing stage.
A complaint will be refused if it was submitted by a third party without the consent of the alleged victim. Complaints may also not be accepted if the complaint form has not been duly completed and the submission does not contain the required particulars to be considered, and/or if the complaint was made out of time and the Tribunal used its discretion to not accept the complaint.
If a complaint is refused or not accepted it will not be recorded, the respondent will not be notified, a hearing will not be scheduled to consider the complaint, a decision will not be made on the matter and no directions will be issued.
The Tribunal shall notify the complainant, including a third party complainant, in writing of the decision to refuse or not accept a complaint, including an explanation of reasons and citing applicable provisions of the Law. No further action will be taken on the matter.
Substantiated Complaints
If the Tribunal is satisfied that it has received and heard sufficient evidence to support or prove the truth of the complainant’s allegations or suspicions, the Tribunal shall find that the complaint is substantiated. If a complaint is substantiated, the Tribunal shall issue directions requiring the respondent to stop the discrimination and take remedial action within a specific time period or requiring the respondent to pay compensation to any person aggrieved by the discrimination.
Directions may include an order for an employer to redress a contravention by reinstating an aggrieved person if the employer and aggrieved person agree to such an order. If a respondent is required to pay compensation to an aggrieved person, the award may be made in any amount up to CI$20,000 and will include a specific time period for payment. The Tribunal may also make an award for costs.
Incorrect Complaints
If a complaint is found to be incorrect in its allegations or suspicions, the Tribunal shall order the complainant to pay the cost incurred by the Tribunal and the respondent. A complaint may be found to be incorrect in its allegations or suspicions if the alleged act or acts are disproved and/or the alleged act or acts are proved but found to not constitute discrimination within the meaning of the Law or to be acts to which the Law does not apply or which the Law does not affect. Where an act is claimed to be excepted under the Law, the onus of proving the exception is on the respondent claiming the exception. The Tribunal shall notify the complainant and the respondent of this decision in writing, citing any applicable provision or provisions in the Law.
Frivolous or Vexatious Complaints
If a complaint is found to be frivolous or vexatious, the Tribunal shall order the complainant to pay the cost incurred by the Tribunal and the respondent.
A person aggrieved by a decision of the Tribunal may, within twenty-eight (28) days of the decision, appeal to the Grand Court against that decision.
A person commits an offence if he or she (or a company, club, society organisation or other body)–
Upon conviction in Summary Court an offender is liable to a fine of up to CI$5,000.
Following a hearing to determine a discrimination complaint filed under the Gender Equality Law, 2011, the Gender Equality Tribunal will issue its findings in writing to both parties. This Determination includes the reasons for the Tribunal's decision and any directions or orders that are made as a result of that decision.
The Tribunal will also produce a brief summary of the complaint and decision for publication. These Summary Determinations will not identify any party, witness or other individual, including by way of information which may reasonably be used to identify any party, witness or other individual.
GET/1201 - Summary Determination (30th May 2013)
GET/1301 - Summary Determination (27th December 2013)
Annual reports of the Gender Equality Tribunal coincide with the Cayman Islands Government financial year, which runs 1st July through 30th June. Each report provides a summary of the Tribunal's operations, including general activities and discrimination complaints received. They also set out the expected scope of the Tribunal's operations for the next year.