Pelican:--- The owners of Pelican Resort filed for dismissal at the labor department on Tuesday for all of its workers. General Manager of the Resort Jules James confirmed to SMN News that the dismissal requests were filed for the 182 employees currently working at Pelican Resort. Pelican workers were in meetings most of the day on Tuesday with management of the Resort while they met with the WIFOL on Tuesday night.
It is not clear which of the companies filed for the dismissal of the workers since the government of St. Maarten has already issued the business license to the new companies that were established in December 2010 by the company’s managing director Jules James.
Jules James is the managing director of "Simpson Bay Resort Owners Company BV" and "Simpson Bay Resort Management Company BV" both of which were registered on December 21 2010.
According to information provided to SMN News, these business licenses are in the hands of the labour mediators. Government also informed the union and its legal representatives that the business licenses were issued early January 2011.
SMN News received some documents which showed that the SBRMC in a proposal to WIFOL states that they “will” hire the entire pool of the existing employees of Pelican Resort Club. The management Company NV (PRCMC) for an indefinite period as per its labour agreement and with the following conditions:
* Wags will be final wages as are currently earned, salary, meals allowance and transportation, remaining possible benefits as per the law.
*Whatever claims and or compensation the employees have with the Old company, PRCMC will maintain. It is explicitly clear that SBRMC has no other obligations towards the employees, than has been voluntarily agreed to in this agreement.
Management reserves the right to end the working relationship with up to 50 employees within an evaluation period as per the law of 60 days from the date of the employment. This reduction of the workforce will be at the discretion of management.
SBRMC will voluntarily disbursed an amount of the anticipated severance pay to any employee as referred as to in the number 2above, whose employment may be discontinued prior to any SVB payment or otherwise, resulting from the closure of PRCMC. The employees will prior to any SVB payment or otherwise resulting from the closure of PRCMC. The employee will simultaneously assign and the collection rights for these funds against the third parties to SBRMC.
During the meeting with the WIFOL and its members on Tuesday night the President of WIFOL Theophilus Thompson informed the workers that the deadlock was caused by one word which is in contradiction of the Collective Labour Agreement (CLA).
Thompson also told SMN News that while Pelican said in their proposal that they will hire 130 of the workers indefinitely the union is saying the workers are already hired based on article 34 of the current CLA which was signed on September 12 2009 by WIFOL, Pelican Resort Club (The management company NV.), Mr. Rodrigo Gamboa (the corporate coordinator of the Caribbean Division, Silvia Richardson (General Secretary) and Mr. Jules James General Manager.
Article 34 of the Final Stipulations reads:--
This Collective Labour Agreement is for the benefit of the parties and employees covered by it. As long as this agreement is in effect, it shall be binding upon the successors and assigns or parties and any groups or organizations or entity coming after them, which is also subcontractors and concessionaries. None of the herewith agreed terms will survive the agreement after its termination. If provisions of this agreement do no coincide with the terms mentioned on the employee policies and procedures attachment 3, then the provisions of the agreement will prevail.
Asked by SMN News, if the union was given any sort of notification on the dismissal application Thompson said he was not informed but while the company has the right to request dismissal it’s another thing if it is granted.
Pelican Resort News Update.
