Correction timeshare resort ruling changes nothing for Wifol-members

POSTED: 11/8/11 6:36 PM

St. Maarten – The Common Court of Justice reacted swiftly yesterday to a complaint the Wifol union filed on Friday about the ruling in the case against the Simpson Bay Resort and its management company Royal Resorts but the outcome left the union’s attorney mr. Wim van Sambeek baffled.
On Friday, Wifol filed an objection against the court’s ruling that allowed Simpson Bay Resort to send all Wifol-unionized employees home and to eventually rehire them yesterday on lesser conditions. The objection focused on the fact that the court had not taken the union’s memorandum in reply into account for the verdict because it had been filed too late. The court overlooked however the fact that two Christian holidays – Good Friday and Easter Monday – fell within the term and that these days do not count towards the three-week term parties have to file a memorandum in reply.
Yesterday the Common Court corrected its mistake, but not in the way the Wifol and its members were looking for. In its decision in summary proceedings the court voided the paragraph from its November 4 ruling that declared the memorandum in reply inadmissible.
But then, the court added the following remarks to its new ruling: “The correction of the mistake has as far as the memorandum in reply is concerned no consequences for the considerations and decisions in the principal appeal.”
The reason for this position is that Wifol, according to the court, had already during the handling of the appeal maintained its position, and also had referred to the arguments it had presented during the court case in the Court in First Instance.
“This way the relevant propositions and points of view have been brought to the attention of the court and they have been considered in the assessment.”
The court declared the incidental appeal Wifol had filed against four elements of the February 8 court ruling unfounded instead of inadmissible. In February, the Court in First Instance ruled in favor of the union, obliging Simpson Bay Resort to honor the union-members’ collective labor agreement.
Immediately after Friday’s the court ruling Van Sambeek requested a hearing in summary proceedings. The attorney said yesterday that this procedure will still go through, though there is no date for a court hearing yet.

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