~ But being barred from functioning ~
PELICAN--The group of Simpson Bay Resort (former Pelican Resort) workers who were told by General Manager Jules James to go home last week Friday returned to work as normal from Saturday on advice of their union and its attorney.
However, the workers are being barred from executing their duties, Workers Institute for Organised Labour (WIFOL) President Theophilus Thompson said on Sunday.
Simpson Bay Resort Management Company General Manager James could not be reached for comment on Sunday. Calls to his mobile number went unanswered.
Thompson, who met with the workers on Saturday afternoon along with WIFOL's attorney, said the employees' punch-in cards had not been returned and the resort had hired workers from an employment agency to carry out the work of the staffers.
The union president expressed disappointment in James, a United People's (UP) party Member of Parliament (MP), who he said was blatantly violating St. Maarten's labour laws.
Thompson said James could not send home workers verbally, as he had attempted to do last week Friday. He said workers could be dismissed only in writing, with the reasons for their dismissal stated.
"It's a pity that he's a Member of Parliament and he doesn't know the labour laws. We have instructed the workers to show up as normal and they are doing that. And the company is not allowing them to work.
"Jules [James] has allowed casual workers to work in their place and the Labour Department should send labour inspectors to see who these workers are who are being sent to replace unionised workers," Thompson said. "I don't think Jules James is worthy to be a parliamentarian. It's a conflict of interest."
WIFOL explained during the meeting with the workers on Saturday what it called the court's "blunder" and the union's and attorneys' position on it. He said the workers "are being strong" so far and were confident that "we will have the court, which is a continuous process in this battle between management of the company trying to rid itself of its permanent staffers and wanting to replace them with casual workers.
"I hope that our government doesn't allow this to happen. The Parliamentarians should look at this and ensure that permanent employment is not jeopardised by a company wanting to have casual workers via employment agencies."
Thompson said the manner in which employment agencies were being used "is illegal" in St. Maarten and contrary to International Labour Organisation (ILO) conventions that he said had been ratified by the former Netherlands Antilles. "Employment agencies are for temporary workers and not to replace permanent workers," he stressed.
Thompson said the way employment agencies were being used in St. Maarten "is a disgrace to our legal system." He said WIFOL would make a report to the ILO about this matter, which he said would put St. Maarten in a bad light and was not something he wanted to see happen.
"What Jules James is doing is contrary to his function as an MP. He hasn't served anyone notice. He sent home those in the meeting. It's all intimidation tactics," Thompson said.
He said he wasn't aware whether any of the workers had signed a contract to work for the new owners of the resort, as they had been requested to do when sent home on Friday. He said WIFOL would request a meeting with the labour mediator, the Labour Department and Labour Minister Cornelius de Weever on this matter.
Marcus Bent Alexander McCall Smith Carlos Tevez New Castle United Tromso Lee Bowyer
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