Wifol takes Simpson Bay Resort to court in summary proceedings

POSTED: 11/7/11 4:57 PM

Union fights execution of faulty court ruling

St. Maarten – The attorneys for the Wifol union have filed a request for summary proceedings against the Simpson Bay Resort Management company and the Royal Resorts Management
Company this weekend, after the resort sent union-members home on Friday. The decision to dismiss the workers is based on a court ruling that contains, according to the Wifol-attorneys, an obvious mistake.
The Common Court of Justice overruled on Friday a verdict from the Court in First Instance that obliged Simpson Bay Resort and Royal resorts to honor the collective labor agreement of the staff of the former Pelican Resort. Immediately after that ruling, resort manager Jules James sent the workers home, announcing that they were free to come back today to sign a new labor contract.
The Common Court did not take into account the memorandum in reply attorneys mrs. Wim van Sambeek and Maarten Le Poole submitted on April 26; according to the court, the document was submitted too late, because the term for doing this ended on April 22, Good Friday. Monday April 25 was Easter Monday; these two days do not count for the term, making April 26 the real deadline.
The Wifol attorneys now accuse Simpson Bay Resort and Royal Resort of abuse of justice. Last Friday, they sent an email to Simpson Bay Resort attorney mr. Jairo Bloem. According to the request for summary proceedings, the email was sent to mr. Bloem at 10.21 on Friday morning. “From the part of the defendants there was no reaction from which can be deduced that the defendants know darn well how the matter stands.”
While Simpson Bay Resort and Royal Resorts knew about the mistake in the court ruling, the Wifol-attorneys wrote in their request to the court, this did not stop them from assembling all Wifol-members in the afternoon of November 4 to let them know that the verdict in first instance had been voided and that based on this none of the involved members was still working for the defendants under a collective labor agreement. “Wifol-members have been invited to return on Monday November 7 and they have been made to understand that they can then agree with strongly deteriorated labor conditions.”
Wifol demands in summary proceedings that the court forbids Simpson Bay Resort and Royal Resorts to execute the November 4 verdict of the Common Court of Justice, until the court has repaired the mistake, or until the Supreme Court has ruled on the matter in cassation and sent it back to the Common Court for a retrial. The union demands a 450,000 penalty for every day the defendants do not comply with a ruling.
The union also demands that the defendants continue to abide by the Collective Labor Agreement for line personnel and supervisors, and the one for middle management and administrative personnel of Pelican Resort Club until there is an irrevocable court ruling.

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