PHILIPSBURG--The lawyers of Workers Institute for Organised Labour (WIFOL) will file an injunction today in their bid to reverse what they consider a judicial error in their case against Simpson Bay Resort Management Company BV (SBRMC) and Royal Resorts Management Company Ltd.
The workers of the former Pelican Resort were dealt a blow Friday when the appeals court declared null and void their legal victory of February 8 against their then-employer.
The latest verdict means SBRMC no longer would be obligated to continue paying salaries to 182 workers it had attempted to dismiss. Neither would it have to adhere to the collective labour agreement (CLA) that had been closed with the labour union.
The workers were sent home on Friday and were informed they could resume employment after signing new contracts under less favourable conditions.
Attorneys Maarten Le Poole and Wim van Sambeek are contending in their appeal to the court, which will be filed officially today, Monday, that Friday's ruling by the appeals court contains a "judicial error" and for that reason could not be considered to be decisive in the conflict between WIFOL and SBRMC.
According to the lawyers, the resort is "abusing the law" and is trying to make WIFOL members accept less-favourable labour conditions.
The WIFOL lawyers are appealing to the court to remedy this situation by ordering SBRMC and Royal Resort management to adhere to the February 8 ruling of the Court of First Instance until the appeals court's mistake has been remedied by the appeals court itself, or via a so-called cassation procedure with the High Court in The Hague.
SBRMC had appealed the decision of the Court of First Instance on April 1, giving WIFOL's team of legal advisors three weeks to prepare their defence. This meant their statements to the court had to be submitted by April 22 at the latest.
However, because April 22 was Good Friday, which is a public holiday, and April 25 was Easter Monday, WIFOL would have had until April 26, the next available working day, to submit the relevant documents.
The court, however, did not recognise April 22 and 25 as official holidays and declared the statement submitted by the defence inadmissible because, in the opinion of the three presiding judges, it had been submitted too late. Therefore they had based their ruling solely on SBRMC's position.
"The appeals court's annulment of the ruling of the Court of First Instance threatens to create an irreversible situation, which also leads to great uncertainty with WIFOL and its membership," the attorneys stated in their explanation to the court.
They want the court to forbid SBRMC and Royal Resort management to call on the November 4 court decision and to order them to adhere to the CLAs for line personnel and supervisors of Pelican Resort Club and for middle management and administrative personnel, until the mistake has been remedied.
In case of non-compliance, WIFOL is requesting that the court attach a US $50,000 penalty to be imposed on a daily basis.
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