Philipsburg:--- The former Pelican workers who are out of work over a year now got another victory in the Court of First Instance on Monday when the court ruled once again in their favor. A number of the workers who have been fighting the battle through their union Workers Institute for Organized Labour (WIFOL) with the owners of Simpson Bay Resort Management Company emerged from the Court of Instance screaming for joy. Several of them were seen hugging the lawyers from HBN law firm Maarten Le Poole and Wim van Sambeek as they thanked them for their hard work and perseverance.
Attorney at Law Maarten Le Poole said that they presented a case on the merits which allowed the WIFOL and its members to present all the facts regarding the case. Le Poole said that the judge ordered SBRMC to honor the Collective Labour Agreement that was in place prior to the auction. The workers are entitled to their salaries, vacation pay, and all other benefits. The judge also ordered the workers to go back to work since the new owners of Pelican Resort; SBRMC could not fire them based on the CLA that was in place.
Monday's ruling was the third time workers of Pelican got a victory in the lower court, two of which was overturned by the Appeals Court based on what the lawyers of HBN law describes as a legal blunder. Attorney at law Wim Van Sambeek told SMN News that the first two cases were summary proceedings where they asked the judge to make an order but the last case he said is completely different.
Attorney at law Maarten Le Poole also urged the workers to hold their emotions for a while. "I know you all have been going through a lot but while you have a stronger victory this case might be far from over. Based on the history of this case, we cannot rule out an appeal. I would like for the SBRMC to stop the legal fight and honor the CLA but that is something we would have to wait and see."
President of the WIFOL Theophillius Thompson said he is overjoyed at the victory on Monday and he is calling on the company to stop the legal fight. "It's time for the company and the union to show some maturity and get around the table. I am informing them now that I am willing to talk and I would like to negotiate a new Collective Labour Agreement for my members." Thompson said the victory on Monday can be considered a victory for all workers on St. Maarten.
St. Martin News Network
St. Maarten - St. Martin News Court Rules in Favor of SBRMC Workers in Merits Case --- WIFOL Ready to Negotiate New CLA --- Urging Management to Get Around the Table.Court Rules in Favor of SBRMC Workers in Merits Case --- WIFOL Ready to Negotiate New CLA --- Urging Management to Get Around the Table.
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02-04-2012 12:49 |Unregistered| Blessings!!!
God is good all the time, this is what he does in the midst of a storm...
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02-04-2012 14:38 |Unregistered| WISE OR WACKY
NOW GOVERNMENT OOPS GANGSTERS WHO HAVE BEEN SITTING ON THE SIDELINES ADOPTING THE WAIT AND SEE ATTITUDE AND APPROACH WILL MOST LIKELY CONTINUE DOING THE SAME THING ALL OVER AGAIN.
IT IS MOST PROBABLY THAT MR.10% AND THE UNDERTAKER AND HIS BEAU BEING SHAREHOLDERS OF THE HOTEL RESORT WILL CONTINUE FIGHTING THE BATTLE IN COURTS FOR THE TWO FOLLOWING REASONS NAMELY:
A) THESE WEASELS HAVE NO INTENTION TO PAY ONE RED CENT TO THE WORKERS OF THE HOTEL RESORT.
THESE WIMPS WILL LET THE UNION AND THEIR MEMBERS EXHAUST ALL OF THEIR HARD EARN MONEY ON LEGAL FEES BY GOING TO COURT TO GET JUSTICE AND AT THE END OF THE DAY THEY WON'T HAVE A PENNY LEFT TO EVEN HIRE A LAWYER TO CONTINUE GOING TO COURT.
C) THESE CORPORATE CROOKS WANT TO OWN THE RESORT HOTEL WITHOUT COMPENSATING THE WORKERS FOR THE TIME THEY HAVE BEEN WORKING THERE.
YES, WHAT A CHEAP WAY TO BECOME A SHARE HOLDER OF A RESORT HOTEL BY ENTERTAINING LABOUR ABUSE AND LABOUR EXPLOITATION WHILE BEING MINISTERS IN GOVERNMENT OOPS GANG.
SHAME ON YOU MR.10%, SHAME ON YOU MR.UNDERTAKER AND YOUR BEAU.
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02-04-2012 15:33 |Unregistered| THANKS
I AM SO HAPPY FOR THESE WORKERS.
NOW THEY NEED TO GO BACK, AND PROVE TO THE WORLD
THEY DESERVE WHAT THEIR LAWYERS FOUGHT FOR,
AND CONGRATULATIONS TO THE LAWYERS, THEY ARE THE BEST.....
PEOPLE ALWAYS DO YOUR BEST, AS THAT IS ALL THAT CAN BE ASKED OF YOU, AND MAKE YOUR GUEST
AT THE HOTEL HAPPY.
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02-04-2012 17:43 |Unregistered| What a good april fools day jo
And the word on the street is that the hotel is sold to a new buyer so what happens now? We start all over or what?
Congrats to the workers but please don't expect much. This is so much legal rangle and the lawyers all know this. Everyone in this for something.
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02-04-2012 18:00 |Unregistered| Thats it ?
I hope this will be it now ..... If not keep up the fight
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02-04-2012 18:14 |Unregistered| No victory at all
The workers will still be left unemployed and walk away with empty pockets..The only ones that will walk away with full pockets are lawyers and the union leaders..Watch and you will see.
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02-04-2012 19:24 |Unregistered| Hold up one minute!!!!!
Oh, oh oh. Have u people learned nothing yet?????
Here we go again, celebrating, huggin and kissing Lawyers. People wake up. It is not over yet. Keep your heads cool and be prepared for what is next to come.
@ "What a good april fools day joke" and "No victory at all" I so agree with your comments.
:sad:
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02-04-2012 20:32 |Unregistered| Concern Parents
What about them teachers that are on "PAID SUSPENSION"/ VACATION while the rest of those others work. Why haven't we heard anything. FAVE is trying to push so much of good publicity via the media to cover up their SINS.
It’s a shame that the Student Government a**ociation (SGA), and the school's Parent-Teachers Foundation (PTF) doesn't stand up for what is going on at the PSVE Campus. It is still the same school. I didn't even know there was a parent and teacher foundation. Is there any at PSVE and why isn't anyone inquiring about the safety of their kids at the school.
You heard so much about teachers hara**ing girls and boys but yet you can promote a peace sign. How can you have peace if you acting like a problem doesn't exist?
I blame everything on the illegal Parents and Non-functioning Government that doesn't care about the well-being of their kids.
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03-04-2012 03:13 |Unregistered| shooz
Great. How many times does a court have to rule in favor of the employees?.........#waiting4theappeal.........
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03-04-2012 04:11 |Unregistered| WISE OR WACKY
THIS CREATURE CALLED UNITY GOVERNMENT DP/UP OOPS GANGSTERS IS NOTHING ELSE BUT THE EPICENTER OF EVIL.
THESE "GOOD SAMARITANS" DON'T CARE ONE HOOT ABOUT PEOPLE BUT RATHER PROJECTS THAT GUARANTEE A ROYAL KICKBACK INTO THEIR PRIVATE PEGGY BANK ACCOUNTS.
THESE CORPORATE CROOKS ARE THE DIRECT SOURCE OF:
A) LABOUR ABUSE AND LABOUR EXPLOITATION THAT SEEMINGLY GUARANTEES SELF ENRICHMENT SCHEMES, SHAMS AND SCAMS, BRINGING OF PROJECTS ON STREAM THAT CERTAINLY BENEFITS THEM IMMEDIATELY SUCH AS A 10% IN RETURN,
C) SUPPORTING NEPOTISM BY PUTTING THEIR TUGS AND FLAG WAIVERS IN PROMINENT POSITIONS AT VARIOUS BUSINESS ENTERPRISES,
YES, WHEN AND WHILE THEY ARE DOING THE PEOPLE GREAT INJUSTICE BY KEEPING THE PEOPLE AT THE BOTTOM OF THE SOCIAL LADDER OF PROGRESS AND PROSPERITY RATHER THAN ALLOWING THE PEOPLE TO LIVE A MEANINGFUL AND QUALITY LIFE PEOPLE ARE JUST WAITING FOR THE NEXT ELECTION = PAY BACK TIME.
YES, WHEN AND WHILE THE PELICAN RESORT WORKERS CONTINUE TO ENDURE INJUSTICE AND HARDSHIP BECAUSE OF MINISTERS WHO ARE SHAREHOLDERS AT THAT BUSINESS ENTERPRISE SUCH AS MR.10%, MR.UNDERTAKER AND HIS BEAU CHOOSES TO DO ABSOLUTELY NOTHING THE WORKERS WITH VOTING RIGHTS CERTAINLY WON'T HAVE ANY PROBLEM TO LET THEIR VOICES HEARD NEXT ELECTION = PAY BACK TIME.
MINISTER 10% MINISTER UNDERTAKER AND YOUR BEAU PLEASE TAKE KEEN NOTE OF THE MESSAGE OF THE RECENTLY HELD ELECTION ON THE FRENCH SIDE THAT REVEALS AND REMINDS US ALL:
A CHANGE TO THE TRADITIONALLY FAMILY REGIME IN GOVERNMENT.
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03-04-2012 14:04 |Unregistered| Too bad
I predict that the resort will close and everyone will be out of a job.
I hope Theo is happy...
So the verdict makes it simply clear that all employees were employed by the new company from the auction date and no new negotiations were required. They were simply taken over and the CLA as well.