Philipsburg:--- The workers of the Simpson Bay Resort Management Company (SBRMC) left the Court of First Instance very distraught and angry when the Appeals Court delivered its verdict which is in favor of the company. On April 2nd, 2012, the Court of First Instance ruled that the SBRMC is fully responsible for the 183 workers who were dismissed some two years ago and since November 2011 have not been paid by the company.Attorney at law Wim van Sambeek and Maarten Le Poole from HBN Law expressed disgust and disappointment when they received the verdict.
Van Sambeek said in a invited comment to SMN News that the judges on the Appeals Court bench have a different opinion from the lower court. Van Sambeek explained that this seems to be a never ending trend and right now it is an unfortunate situation for the workers who have their bills to pay and families to feed. According to the Appeals Court, the workers of Pelican Resort were never transferred to SBRMC therefore SBRMC has no obligations to the workers.
When asked if the Workers Institute for Organized Labour (WIFOL) would pursue judgment in the Supreme Court, Van Sambeek said that they would have to further discuss the verdict with their client and decide if the WIFOL would file an appeal with the Supreme Court. Van Sambeek said that going to the Supreme Court is a time consuming and costly procedure and he is not sure if the workers can go through this much longer. When asked if the judges on the Appeals Court are the same ones that deliberated on their last case which was also thrown out, Van Sambeek said it's a different set of judges and all they can do at this time is respect the verdict the court has rendered.
Attorney at Law Jairo Bloem who is representing the SBRMC said in a written statement to SMN News that the Resort is extremely pleased with the ruling of the Court of Appeals: "Finally justice has prevailed," Bloem said.
As is known, the Resort has waged a two-year battle on behalf of the resort members and also the present employees of the Resort to avoid being saddled with a labor contract entered into by the resort's previous owner, Tenant Association Pelican Resort Club (TAPRC), and the WIFOL labor union.
"Today, we are very happy to report that the Court of Appeals reversed a lower-court decision that forced SBRMC to assume the TAPRC's old labor contract. The appeals court decision means that SBRMC is not responsible for the increased costs and obligations under that contract, and saves SBRMC from being forced to pay millions of dollars in back pay and severance to workers that SBRMC never employed in the first place, and that the resort never needed to operate efficiently.
The Appeals Court's ruling also means that there is no longer any basis for the bankruptcy action against SBRMC since the only basis for this moratorium was the now overturned lower-court verdict.
This is the third time the union has tried to saddle SBRMC with the previous owner's labor contract, and the third time the Court of Appeals has reversed that decision. The appeals court verdict in favor of SBRMC means that the resort can once again progress toward its goal of continual financial stability. Further, the verdict ensures piece-of-mind for the many permanent, local employees who currently work at the resort.
The Resort thanks all its members and in particular its present labor force of 91 permanently employed persons. It is with the support of these dedicated employees that it has been able to continue providing exemplary service as acknowledged by positive feedback from the members."