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This week, Magistrate Hernandez determined that Donnette Dawkins, a part owner of Famous Restaurant, unlawfully employed Rudolph Dawkins, her husband, without a work permit. Mr Dawkins was also found to be unlawfully working without a work permit.
Providing some background to the incidents, the summary of facts stated that “Based on a review of a job letter submitted by Famous Restaurant regarding a Rudolph Dawkins employment at the restaurant, it was suspected that Mr Dawkins had been working at Famous Restaurant as a Cook since his last work permit expired on March 20, 2020.”
The summary of facts continued:
On July 19th, 2022, Mr Dawkins was arrested on suspicion of working without a work permit.
An affidavit was provided by Ms Dawkins regarding her employment of Mr Dawkins as she is partial owner of the restaurant and to what knowledge she had of his right to be gainfully employed at the restaurant.
Concerning these claims, the attorney for Mr and Mrs Dawkins suggested that they were unsophisticated persons before the Court.
Further, the attorney indicated that Mr Dawkins was not gainfully employed at Famous Restaurant but, instead, was merely a husband helping out his wife from time to time, as that is what a husband ought to do.
Magistrate Hernandez did not accept these suggestions and said she was “not convinced that these are unsophisticated persons.”
The Magistrate added: “She would not have reached the stage where she has reached in having a successful business if she was what I am told is unsophisticated and relying on others for paperwork.”
Based on the evidence, the Magistrate further explained that Mrs. Dawkins was the “de facto owner and operator of Famous Restaurant and accordingly she had all authority to hire, fire, operate, sign papers.”
Regarding the argument that Mr Dawkins was not gainfully employed and was merely a husband helping his wife occasionally, Magistrate Hernandez noted that Mr Dawkins is not referred to as a dependent on the health insurance documents. Instead, he was noted as an employee.
Delivering her final judgment, the Magistrate said:
He was gainfully employed.
Every paperwork and his own evidence shows that he was working.
Mr and Mrs Dawkins were therefore found guilty of the immigration charges brought against them.
While they were free to go, the Magistrate noted that a Social Inquiry Report would be done to assist the Court with sentencing on October 11, 2023.
The ruling is a reminder to employers and employees that series consequences can flow from breaches of immigration laws of the Cayman Islands.
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