Union and attorney meet with resort’s trustees

August 10, 2012 8:24 AM

PHILIPSBURG - Insight into the state of affairs at Simpson Bay Resort and Marina (SBRM) was given when Windward Islands Federation of Labour (WIFOL) met with the resort's trustees earlier this week.

Reporting on that meeting, WIFOL President Theophilus Thompson said that while he could not divulge details of the meeting, the union had gained insight into matters at the resort, which recently filed for bankruptcy itself after workers had filed for it to be declared bankrupt.
 
Approached for comment on that meeting, one of the trustees Rik Bergman of BZSE Law said that while the meeting with WIFOL and its attorney Wim van Sambeek had been constructive, the trustees "will not disclose any information to the media with regard to what has been discussed."
 
Thompson told reporters at Windward Islands Chamber of Labour Unions (WICLU) weekly press conference that as the date of the court case approached, the workers had been threatened that the company would shut its doors if it lost the case. "The company's attorney is already threatening the workers and the country's economy by saying ... if the workers win the court case they will close down," Thompson told reporters.
 
Thompson was critical of the resort's use of six employment agencies that he said continued to use undocumented immigrant labour despite advice against this practice. He added that while there were a total of six employment agencies with workers at the resort and while the resort was spending money for renovation works, it was refusing to pay its workers and to adhere to its Collective Labour Agreement (CLA). Thompson said some 80 workers were at home not receiving any salaries. "They can put away their permanent employees, but can find money to pay workers from six employment agencies," he said.
 
Thompson said he would be officially writing Economic Affairs Minister Romeo Pantophlet about the threats meted out to workers and his concerns about developments there, and the letter would be copied to Labour Minister Cornelius de Weever. The union president said WIFOL had requested a meeting with Deputy Prime Minister William Marlin on the signing of the Collective Labour Agreement (CLA) with utilities company GEBE and it had suggested that the meeting take place yesterday, Thursday, but it had not received a response to its request.
 
He said had that meeting been called, WIFOL would have raised the issues at SBRM with the Deputy Prime Minister.
 
Thompson also expressed concerns about reports he said he had received that Marlin had met with SBRM principals at Captain Oliver's Resort recently. He said that meeting should not have taken place without Marlin first meeting with the union to hear its concerns and learn what issues were affecting the workers.
 
"We are concerned about this, because it is sending a wrong signal that workers can be abused and misused and government condones the abuse of its workers," Thompson said, adding that the meeting seemed to suggest that while the workers were not being paid, Marlin was "having comfortable discussions with their exploiters."
 
"We hope that the resort will not be closed. People want to keep their jobs, but the attitude of the company is outrageous," he charged.
 
He said the union was exercising patience in working to resolve this matter to maintain labour peace. "When we decide to take whatever action, we want everyone to know we were forced to do so."

(The Daily Herald)

At this meeting WIFOl was represented by attorney at law Wim van Sambeek of HBN Law Sint Maarten. Court appointed trustees of the moratorium of Simpson Bay Resort Management Company (SBRMC) are Rik and Gert Bergman, attorneys and partners at law firm BZSE on Sint Maarten.

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