Philipsburg:--- The workers of Pelican Resort celebrated their victory verdict by thanking, singing and praising God at the WIFOL building shortly after the verdict was delivered to them at the Court of First Instance on Tuesday morning. The workers also thanked their legal representatives Martin Le Poole, Wim van Sambeek and their union.Shortly after receiving the decision, the workers then began celebrating as they sang and danced their weeks of stress away. A huge music set, food and drinks were also available for those that rejoiced with the workers over their victory against Royal Resorts and its scheme of companies.
In the meantime, the defence is in the process of filing an appeal, since they are not in agreement with the verdict as there are statements that are incorrect and cannot be substantiated by the Judge. Attorney at law Jairo Bloem said the consequences of this verdict will cause serious consequences for SBRMC and the owners of the companies are busy looking at the consequences this can cause before moving forward.
Attorney at law Martin Le Poole and Wim van Sambeek along with the President of the WIFOL Theophlius Thompson met with the workers at the WIFOL head office shortly after receiving the verdict where they updated and translated the verdict handed down by the court of first instance on Tuesday. The judge ruled that the new company Simpson Bay Resort Management Company BV is legally responsible for the workers and they have to pay the workers even though the court did not force the company to allow the workers on their property. The judge ruled that the Simpson Bay Resort Management Company and Royal Resorts Management Company Limited are indeed one company and the owners of Pelican tried to misuse the system by creating two companies to show there is an identity difference. Therefore article 32 and 34 of the Collective Labour Agreement between Royal Resorts and the WIFOL is applicable to SBRMC.
Furthermore, the only reason these companies were created were to get rid of the Tenants Association who are considered to be a nuisance and the employees who worked for years at the Pelican Resort, based on these grounds the court ruled that Royal Resorts or SBRMC is misusing their identity as such they must be regarded as one. Attorney at Law Martin Le Poole said he finds it remarkable that the judge saw exactly what he saw and presented to the court during the hearing last week. "The only reason these two new companies were created was to rob these workers and the Tenants Association" Le Poole told SMN News.The court however, rejected the request of the $10,000 damages by WIFOL claiming that the proceedings held last week was a summary proceeding.
Judge Thierry saw through the cleverness of the companies and persons behind the scheme at Royal Resorts when the same persons who were managing the resort for years now created a host of other companies to get rid of the workers as they did with the Tenants Association. Those behind the alleged scheme are Senator Jules James, Sutton and Gamboa.
The judge, looked through the maze of the fronting companies and ruled that since the same individuals controlled the companies prior to the auction were the same in control after considered it to be the same entity and as such they are legally bound to honour the CLA with WIFOL.The judge characterized the machinations at Pelican as abuse of corporate identity that should not be honoured by the court. The objective of the restructuring was to deprive the workers of a livelihood and income the judge stated. The sanction for this abuse was to rule that the new companies were one and the same as the old companies. The judge also threw the timeshare owners a life line should they seek legal remedies for the auction on December 16, by ruling that the restructuring had only one result; the end of the Tenants Association's influence.
Le Poole said he is confident with the judgement which will be used when the mediator and Pelican decides to begin negotiations again.
Several of the workers were happy when they saw parliamentarian Romaine Laville whom they said openly supported them during their struggle. The workers said that Laville faced severe prosecution from his other colleagues supporting the Unite Peoples Party, yet he maintained his feelings and supported them throughout their ordeal.One worker said Laville was called in by the leader of the United Peoples Party Theo Heyliger who called him to order claiming he was going outside of party lines when he expressed support for the Pelican workers, knowing that Senator Jules James from the UP slate is highly involved in the Pelican saga.
Laville told reporters on the scene that everyone can take example from the verdict rendered for Pelican workers. Laville said the verdict sets precedence because it can be considered as a landmark and or historical for workers rights. Laville said he could not give an indebt definition as to what he intends to do with the legislation to protect workers but said that they are busy working on new legislations. Laville stressed that the legislations will have to be revamped to make sure that workers are not mistreated.
Also among the workers as they celebrate were Members of Parliament Frans Richardson, William Marlin and former labour commissioner and senator Hyacinth Richardson. Senator Frans Richardson said the Pelican victory is not only a victory for the Pelican workers but one for the people of St. Maarten and it also shows that the judicial system is still working. Senator Richardson said St. Maarten has a major issue of abuse in the work force especially when it comes to the short term contracts. He said there are some companies who would give their workers as much as 12 labour contracts while the law states that a maximum of three short term contracts can be issued. Richardson said government has to play their role especially the labour department where controls must be conducted to prevent further abuse.Richardson said the National Alliance faction will be calling a number of stakeholders to discuss to the labour situation and the abuse of the short term contracts.
Leader of the National Alliance William Marlin in his reaction to the verdict congratulated the WIFOL and the Pelican workers. Marlin said when he met with the Pelican workers he told them to stick together while sticking to the legal advice of their legal advisor. Marlin said during the parliament meeting he also pointed out article 34 in the Collective Labour Agreement of Pelican and WIFOL which clearly stated that the new owners or company is legally responsible for them. Marlin said another point he raised was that the workers were continually being paid which means someone was paying them on behalf of the new owners.He said it is important that the court has ruled favour of them which to him is a victory for the working class on St. Maarten. Marlin said for years now there are too many injustices in the workforce and workers are no longer considered as partners in business but they are treated as tools. The senator said even tools are given more appreciation than workers. He said his faction will be doing what is necessary to get rid of the short term contracts that are abused by businesses on St. Maarten.
Verdict Delivered by the Court of First Instance
