Simpson Bay Resort seeks WIFOL cooperation in expediting appeal

~ WIFOL likely to set condition ~

PHILIPSBURG--Attorney Jairo Bloem, representing the Simpson Bay Resort Management Company (SBRMC), has written to the attorneys representing Workers Institute for Organised Labour (WIFOL) seeking the latter's agreement to expedite the appeal process of the recent court case in such way to allow the hearing to be called as soon as possible.

On February 8, the Court ordered Simpson Bay Resort Management Company (SBRMC), the new management of Pelican Resort, to continue paying salaries to the 182 workers it is attempting to dismiss. The company was also ordered to adhere to regulations stipulated in the collective labour agreements (CLAs) with WIFOL and bear all legal fees. The judge, however, did not order the new company to secure employment for the workers.

In the letter to WIFOL's lawyers Maarten le Poole and Wim van Sambeek, Bloem says it is his client's opinion that it's in the best interest of all parties, other stakeholders and the community if the Appellate Court could review the case forthwith.

"In light of the socio-economic and other factors and, consistent with the interests of your client, the chance that a substantial number of the members of you client can ultimately have the opportunity to work gainfully in a financially viable operating enterprise depends hereon," Bloem said.

In response, Van Sambeek said that, although he had not been able to discuss Bloem's letter with his client, it was clear that "Royal Resorts and its affiliates," without substantiation, was continuing its efforts to cast WIFOL as the responsible party for the operations of the resort.

He said he continued to be astounded by these attempts, even after various statements made by Royal Resorts have proven not to be accurate.

He said although he was confident that the verdict would stand up on appeal, there was one condition under which he would advise his client to cooperate: if the SBRMC keeps the resort open and everybody employed. "In that case we would have no problem being back in court next week," Van Sambeek said.

Before approaching the Appellate Court, Bloem says, his clients want to verify whether WIFOL agrees to have the appeal term shortened as much as possible "under the given circumstances."

"If WIFOL agrees to the request to expedite the appeal, my clients will mention in their request to the Appellate court that WIFOL is also in agreement to have a so-called speedy appeal. In case I do not receive a response from you before this Thursday, February 17, clients will assume that WIFOL does not support a speedy appeal hearing," Bloem said in his letter.

Bloem explained that by St. Maarten law, the President of the Appellate Court would decide whether the appeal term may be shortened. He said this happened only in cases of "great urgency" and the interpretation is at the sole discretion of the President.

Bloem said to the best of his knowledge, he recalled only a few times in the history of the Netherlands Antilles that permission was granted for an expedited appeal and just once on St. Maarten, with the latter requiring the consent of both parties.

Source: http://www.thedailyherald.com/islands/1-islands-news/13726-simpson-bay-resort-seeks-wifol-cooperation-in-expediting-appeal.html

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