Van Sambeek: Simpson Bay Resort unresponsive to negotiation efforts

April 11, 2012 12:47 PM

PHILIPSBURG - Attorney representing Workers Institute for Organised Labour (WIFOL) workers in their fight against Simpson Bay Resort (SBR) Wim van Sambeek on Tuesday lamented the fact that the resort has, to date, not reacted positively to the overtures to sit and meet to discuss an amicable solution to the ongoing court battles.

Van Sambeek said instead the resort management is using questionable methods to inform timeshare owners that the resort could opt to file for bankruptcy. To support his claims, Van Sambeek provided the media with an email from Mark Miller, Director of the Simpson Bay Resort Owner Company dated April 3, in which he advised SBR members that the resort is now at a cross roads after the recent verdict against SBR and explained possible repercussions.

"The resorts owners have contributed nearly US $5 million of their own funds to keep the resort operating this year while sales were stalled and litigation with WIFOL and Tenants Association Pelican Resort Club (TAPRC) continued. They cannot contribute anymore," Miller said in his mass email to SBR members.

The only alternatives, he continued, are to assess the costs associated with the WIFOL verdict to the membership in another special assessment or shut down the resort. "Given the resort's previous communications to members indicating that further assessments should not be required in the immediate future, we are very disappointed in this recent turn of events," Miller added.

In more direct language, another mailer to SBR members dated April 6, placed any future closure of the resort squarely on the shoulders of WIFOL: "If the appellate court does not freeze the verdict (grants a stay), whether the resort stays open or not is completely up to WIFOL. If WIFOL seeks to execute on the verdict the resort will close. We trust that WIFOL realises closure of the resort will detrimentally affect its own members and the island as whole."

According to Van Sambeek, these types of statements are exactly why SBR and their legal representatives should "sit around the table" with WIFOL to prevent the doomed scenario they are expressing.

"It is in the interest of WIFOL to have its members at a financially healthy resort," Van Sambeek said, adding "we did not win the battle to lose the war." He said it is more productive if parties would sit and talk about how to settle the "awkward situation."

Van Sambeek explained that prior to the auction of Pelican, owners Corso and Sutton informed the workers that "nothing would change for them" after the auction. "If you noticed there was no unrest at the resort by the workers before the auction. So it's plausible that this was because of what was told to them. If the resort would be hit hard financially, why not re-negotiate a new CLA based on established rules? The rules allow for the CLA to be altered in case of financial difficulties," Van Sambeek said.

WIFOL President Theophilus Thompson, in a letter dated March 8, and addressed to "whom it may concern" explained that in his last meeting with Sutton, Sutton made a request to negotiate a new CLA, which will show flexibility on behalf of the union.

"As an example he mentioned the amount of vacation days and other fringe benefits that are covered under the existing CLA. Hence I agreed to start working on the new CLA which will show that flexibility. The WIFOL and all the workers are very disappointed with the way everything has turned now," Thompson said in that letter.

He believes that SBR would lose what would be its third appeal considering that the first two were won due to legal error and technicalities respectively. With the latest verdict, he continued, the court gave its full position on the merits of the case and had all the evidence at its disposal. "We feel that when the High Court looks at all positions it will have the same conclusion," he said.

Contacted on Tuesday evening the resort said, "consistent with its positions in the past SRMC maintains that court cases are trailed in court and not in the media. Pending litigation it will as such abstain from commenting on the content of legal disputes."

(The Daily Herald)

Wim van Sambeek is an attorney at HBN Law St. Maarten. In this case Workers Institute for Organised Labour (WIFOL) is being represented by Van Sambeek and collegue Maarten Le Poole.