s.2Definitions and interpretation
2
Section 2Part 1 — Preliminary

Definitions and interpretation

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In this Law —
means —
in the case of Judges and Magistrates, Official Members, the Auditor General, the Ombudsman, the Commissioner of Police, the Deputy Commissioner of Police, the Director of Public Prosecutions, the Cabinet Secretary and the Assistant Commissioner of Police - the Governor;
in the case of the chief officers of ministries and portfolios - the Head of the Civil Service;
in the case of staff of a civil service entity - the chief officer, or the head of department or other manager in the civil service entity with delegated authority from the chief officer to make personnel decisions;
means a person who possesses Caymanian status under the Immigration Law (2015 Revision) or any earlier law providing for the same or similar rights and includes a person who acquired that status under Part III of the Immigration Law (2015 Revision);
means —
in the case of a ministry - the Permanent Secretary of that ministry;
(i) in the case of the Portfolio of Legal Affairs - such public officer in the Portfolio as may be designated by the Governor; and (ii) in the case of the Portfolio of the Civil Service - such public officer in the Portfolio as may be designated by the Governor;
in the case of a statutory authority or a government company - the person appointed as chief officer (by whatever name called) by the board of that authority or company;
in the case of the Audit Office - the Auditor General;
in the case of the judicial administration - the court administrator or such other suitable person as may be designated by the Chief Justice;
in the case of the Office of the Ombudsman - the Ombudsman;
in the case of the Cabinet Office - the Cabinet Secretary; and
in the case of the Office of Public Prosecution - the Director of Public Prosecutions.
means a person employed by the government, but does not include a Member of the Legislative Assembly other than an Official Member, and is a public officer for the purposes of the Constitution;
means the group comprising all civil servants;
means a ministry, portfolio, the Audit Office, the Cabinet Office, the Office of Public Prosecution or the Judicial Administration;
means Schedule 2 of the Cayman Islands Constitution Order 2009 [UK SI 1379 of 2009];
, in relation to a participant, has the meaning assigned to that expression in the Public Service Pensions Law (2017 Revision);
means a written agreement between an employer and an employee by which a contract of service is instituted for either an open-ended or limited period;
in relation to any entity required to report under the Public Management and Finance Law (2018 Revision), means a year ending on the 31st December or, in the case of a statutory authority or government company, such other date as the Cabinet may determine;
means an employment agreement which has a defined date of cessation;
means —
a company in which the Government has a controlling interest; and
in respect of each such company, includes all subsidiary entities of the company;
means misconduct that is of such a serious nature or magnitude that, in the opinion of the appointing officer, the employee should be dismissed with immediate effect;
means the person designated as such by section 15 (1);
means any labour, capital or other resource used to produce inputs;
means an output produced by an individual and delivered within the entity rather than provided to persons external to the entity;
means acting in a dishonest or illegal manner, failing to comply with the Public Servant's Code of Conduct set out in section 5, failing to comply with conditions of employment, or failing to comply with workplace rules, and comprises "gross misconduct", "serious misconduct" and "minor misconduct" as defined in this section;
means the whole of the division of government administration for the actions of which a Minister is accountable to the Legislative Assembly and includes a departmental section or unit which forms part thereof, but does not include a statutory authority or government company;
means misconduct other than gross misconduct or serious misconduct;
means the age of sixty-five;
means the Deputy Governor or the Attorney General;
means the Ombudsman appointed under section 120(2) of the Constitution;"
—
in relation to appointment, reappointment or promotion, means a process which —
provides an opportunity for any suitably qualified person to apply for the position;
ensures that all persons applying are considered for appointment in an unbiased manner; and
ensures that the person appointed, reappointed or promoted is the person whose qualifications, skills, knowledge, experience and integrity make him the most suitable for the position, taking into account any requirement in this Law or personnel regulations to give preference to Caymanians;
in relation to discipline, dismissal, retirement or termination of employment for any other reason, means a process which provides an opportunity for the civil servant concerned to be informed of all relevant matters and is afforded an opportunity to make representations in an environment that is neutral and unbiased towards that civil servant.
means the goods or services that are produced by an entity or other person;
means a disability which is likely to render a participant incapable by reason of infirmity of mind or body of discharging the duties of his office, which infirmity is certified by the Chief Medical Officer as likely to be permanent;
means the engagement, employment and management of employees;
mean the regulations made under section 67;
means any attempt directly or indirectly to influence a personnel or other input-related decision of a chief officer vested in a chief officer under this or any other law, or to change advice tendered by a chief officer to the Governor, the Cabinet, a Minister or an Official Member from what it would have been had the influence not been applied;
means the whole of a division of government administration for the actions of which an Official Member is accountable to the Legislative Assembly, and includes a departmental section or unit which forms part thereof, but does not include a statutory authority or government company; and includes the Governor's office and the judicial administration;
has the meaning assigned to that expression in the Public Service Pensions Law (2017 Revision);
means the portfolio established under section 24;
means a person employed by a civil service entity or an employee of a statutory authority or government company;
means the Code of Conduct specified in section 5;
means the civil service and employees of statutory authorities and government companies;
means the values specified in section 4;
means salary, wages, allowances and any benefits received by a civil servant as a result of his employment as a civil servant;
means the particular salary grade on the overall pay scale which is approved from time to time by the Deputy Governor and Head of the Civil Service pursuant to paragraph 1 of Schedule 2 to the personnel regulations;
means misconduct that is serious in nature or magnitude but is not so severe as to be gross misconduct;
means a civil servant, other than the chief officer, employed in a civil service entity and does not include an Official Member nor a Judge or Magistrate;
means an entity established by a law to carry out functions which are capable, under that law, of being funded, partly or entirely, by money provided by the Government, and for which the Governor, the Cabinet or the Government has the power to appoint or dismiss the majority of the Board or other governing body;
means a staff member whose remuneration is calculated at an hourly rate.
A chief officer appointed by the Governor in the Portfolio of Legal Affairs or the Portfolio of the Civil Service is deemed to have been appointed as such on the basis of such other post as that person holds, with the effect that where that person no longer holds the other post, the appointment as chief officer shall automatically expire, without further act on the part of the Governor or the chief officer concerned.
Repealed by section 4 of the Public Service Management (Amendment) Law, 2009 [Law 24 of 2009].
Repealed by section 4 of the Public Service Management (Amendment) Law, 2009 [Law 24 of 2009].
Omitted as a consequence of the creation of the Office of the Deputy Governor (as required by S.34 of the Cayman Constitution Order (S.I. 2009/1379)), the Ministry of Home Affairs and the elimination of the Portfolio of Internal and External Affairs.

Defined Terms

appointing officerCaymanianchief officercivil servantcivil servicecivil service entityConstitutionearly retirement ageemployment agreementfinancial yearfixed-term employment agreementgovernment companygross misconductHead of the Civil Serviceinputinternal outputmisconductministryminor misconductnormal retirement ageOfficial MemberOmbudsmanopen and fair employment processoutputspermanent disabilitypersonnel arrangementspersonnel regulationspolitical pressureportfolioparticipantPortfolio of the Civil Servicepublic servantPublic Servant's Code of Conductpublic servicepublic service valuesremunerationremuneration bandserious misconductstaffstatutory authoritywage worker

Cross References

Referenced By