~ Entitled to salaries until dismissal request finalised ~
PHILIPSBURG--The Pelican Resort employees are still employed and are entitled to pay. That was the word last night from Prime Minister Sarah Wescot-Williams, who is also serving as Minister of Labour.
Wescot-Williams said in a press release last night that she had been working diligently on the Pelican Resort issue with respect to keeping abreast of what had been transpiring and by having government departments and entities carry out their responsibilities.
Her statement was made after almost a week of silence on the matter since the Pelican workers were given letters relieving them of their services last week Wednesday and had staged at least two protests at the resort, including a heated one on Saturday.
She said mediators Derrick Holiday and Kenneth Lopes "have handed in their assignment, which the Prime Minister considers that parties reached a deadlock.
"It was at this stage that I announced my intention to appoint an extraordinary mediator to again attempt to bring parties to an agreement. The day this announcement was made, it was also announced that the evening before parties had reached an agreement. Where that agreement stands at this time is known to all," Wescot-Williams pointed out.
Royal Resort Management on behalf of Pelican Resort Management Company has submitted a request for mass dismissal, she said.
"Let it be stated emphatically that until a ruling is given on the dismissal request, the employees are employed and entitled to pay, a 'lockout' notwithstanding. The dismissal request also needs to go according to procedures established by law and involves the scrutinising of the company's financial position to determine the justification of the request.
"And while on the topic of procedures, I need to also state that it is every politician's right to appear wherever they please and, of course, where emotions run high as is the case with the Pelican workers, there is always fertile ground for political posturing.
"In my case, more was achieved by making sure I was constantly briefed as to developments and that Labour Affairs from the Secretary General down was on the ball and they know that this entire matter is a grave concern for this government.
"We involved mediation when it was necessary; we allowed collective bargaining when that was taking place, which is the preferred way to go. And we were prepared to again mediate, via a mediator especially chosen for this case.
"An important aspect that has bearing on this case is the so-called 'pass-over of business' or 'take-over of business,' to make the term clearer. Our laws do not sufficiently go into this aspect, especially as far as employees are concerned. It is because of this fact that there are so many unclear issues surrounding who is responsible for the workers of Pelican Resort and as per when.
"A clear verdict on this is also important in connection with the dismissal request now before the relevant government department in connection with entitlements of the workers of Pelican Resort."
Wescot-Williams had said several weeks ago that with the labour legislation now completely in the hands of the government of country St. Maarten what needed to be amended, adapted and modernised to comply with international labour legislation trends could now be done.
"This process that started back in 2006 with the social partners needs to continue. I have instructed the Labour Affairs Department, however, with urgency to review the legislation and propose new legislation to deal with the matter of 'take-over of business,' thereby making it clear where the responsibilities lie for especially the workers when businesses are taken over, be it through sale or any other means.
"This is the discussion the Parliament of St. Maarten should be having, rather than individual members of Parliament giving workers false comfort and berating government in the process."
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