Bloem says HBN request "against principles of good litigation order"

February 14, 2011 6:26 AM

PHILIPSBURG--Attorney Jairo Bloem of Bloem and Associates says HBN Law's ultimatum that Pelican workers be allowed back on the job as of 2:00pm yesterday, Friday, was "against principles of good litigation order."

A large group of workers showed up at Pelican on Friday and were paid their salaries as had been mandated by the court on Tuesday.

Bloem said in a letter responding to HBN's request that it was unclear to what entity HBN was referring when it mentioned "Royal Resorts Group" in its letter.

"It further escapes me on which grounds your client perceives that it is entitled to claim that the employees are allowed to return back to work," Bloem said in the letter.

He continued: "Your client's contention that this should happen and, if not, its individual members would initiate individual summary procedures to claim same, is in direct contradiction and violation of the consideration of the Court of First Instance in its verdict dated February 8, 2011, and is also against the principles of good litigation order.

"The court considered in referenced case that there were insufficient grounds based on which it appeared that the employer would be obligated to allow the members of your client to actually resume working. To have the court deny this claim and to subsequently claim the exact thing that the court denied and threaten to initiate procedure on behalf of the individual members that are represented by the union constitutes misuse of possible rights ex. Article 3:13 of our civil code. ...

"Even more remarkable when considering that the summons is sent out in the name of WIFOL, same institute whose claim was denied. The threat to start court proceedings is made in the name of individual members on whose separate behalf you are apparently not summoning client to do anything.

"It appears to client that if your client is not satisfied with the ruling of the justice it should file an appeal, instead of having the individual members that it represents and on whose behalf futile claims [were made] in the first place, initiate same procedure, but this time in their own name."

HBN had given Bloem a deadline of 2:00pm yesterday, Friday, to encourage its client – Pelican Resort – to "cooperate" by allowing the resort's 182 workers back on the job.

The workers have been waging a battle since December to be recognised as permanent employees of the new company with their benefits intact, as is stipulated in their CLA.

(Source: St. Maarten Daily Herald)

12 February 2011

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