~ Resort still has not 'opened books' ~
PHILIPSBURG--Workers Institute for Organised Labour (WIFOL) and its attorneys were still studying up to last night a proposal geared towards the reopening of Simpson Bay Resort and Marina (former Pelican Resort) and the reintegration of the employees pending the new owners' appeal of a court verdict.
The union via its attorney is expected to present its comments on the proposal today, Thursday.
Prime Minister Sarah Wescot-Williams told The Daily Herald last night that she had been informed by WIFOL that it needed up to today to respond to the proposal, which was hammered out after discussions special mediator Raphael Boasman held with both sides.
WIFOL attorney Maarten le Poole of HBN Law said last night that he was "cautiously optimistic" about the proposal, but declined to divulge details of it. "There are some positive elements in it and also some sticking points," he said.
This newspaper understands that the proposal is geared towards the reopening of the resort and taking back workers pending the appeal. It is also understood that a delay in the payment of a transfer tax for the resort is included in the proposal.
Wescot-Williams told reporters at the Council of Ministers press briefing on Wednesday that a request had been made for the delay in the payment. She also confirmed that cheques from the resort were at the Receiver's Office, but had not yet been cashed. She said no decision has been taken on whether they would be cashed. This is still an issue to be sorted out technically "if government agrees to some type of extension of payment."
Asked whether the resort had "opened its books" Wescot-Williams said that while she had "heard numbers mentioned" with respect to the further operation of the resort, she had not seen the books "or any of that type of financial information."
She said some "sympathetic" sounding ideas had been "thrown out on tackling the issue" but, "when you look at them you ask would they be helpful in this situation, and I refer to the licence. A licence has been granted to the new owners and when some suggest revoking the licence we need to think beyond that step. What would the result of that be?"
She said a decision had not yet been taken regarding the dismissal request for the resort's 182 workers that was filed in December. The Prime Minister said this request was being looked at from two angles ? the verdict in the court case that established the position of the workers, and the current discussions on the reopening of the property.
In a press release last night the Department of Communications DCOMM quoted Wescot-Williams as saying, "No option available to government in terms of forcing a solution is one that has a short-term effect."
DCOMM said, "Because of questions that have been raised with respect to the various options, the Hon. Prime Minister in this context submits the following clarifications:
"Is expropriation a possibility? Yes, there is legislation that governs expropriation of property. However, the conditions that apply are rigid, and require capital backing and protecting the rights of private ownership as much as possible.
"Is revoking a licence because of non-compliance an option? This is also a possibility, but only after a period of inactivity or no business activity.
"Was government the party that ruled in the 'buy-out auction' of the resort? No, government had no part to play.
"Was it in accordance with corporate law? If contested, the courts will have to decide if the 'buy-out auction' was a proper one."
DCOMM also quoted the Prime Minister as saying: "The government understands that emotions run high, but government too has to follow the law and none better than government to understand the impact this matter is having on our island. It is for this reason and none other that government is treading carefully and seeking solutions. No one is helped by drawn-out court cases, yet it is important that questions regarding legality of actions by parties be answered in a court of law."
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