(Pelican Resort) Bloem requests assistance for speedy appeal

POSTED: 02/15/11 11:56 AM

St. Maarten – The legal representative for Simpson Bay Resort Management Company (SBRMC) and Royal Resorts Jairo Bloem has requested the assistance of the attorneys for the Workers Institute of Labor (Wifol) in speeding up an appeal of the February 8, 2011 ruling. On that day the court ruled that the new owners of what is now known as Simpson Bay Resort and Marina and The Villas at Simpson Bay Resort and Marina are bound by the terms of conditions of the Collective Labor Agreement signed on September 12, 2009. Bloem immediately announced his intentions to appeal.

That intention is now confirmed in Bloem’s February 14 letter to Maarten le Poole Wim van Sambeek of HBN Law. He also said that his clients want to use articles 226 and 235 of the Civil Court Procedure to get a hearing as soon as possible. Bloem’s and clients believe, and assert in the letter, a quick handling is in the best interest of all parties, especially when one considers, amongst other things, the soci-economic factors and the fact that it could lead to a quick return to work for many of the workers.

“I am sure that your client, Wifol, understands my client’s wish to have this case trialed in appeal forthwith,” Bloem said.
Bloem admits that in his memory the Appellate Court has rarely granted quick handlings when the Netherlands Antilles existed and only once for a case on St. Maarten. The latter case was called quickly because both parties said they had no objection. Bloem is hoping that le Poole and van Sambeek will do the same so he can make it part of his petition.

“Before approaching the Appellate Court, client wants to verify whether or not Wifol agrees to having the appeal term shortened as much as possible, under given circumstances. If Wifol agrees to the request to expedite the appeal, my clients will mention in their request to the Appellate Court that Wifol is also in agreement to have a so called speedy appeal,” Bloem wrote in his letter.

Letter received
Van Sambeek confirmed receipt of the letter but was not immediately able to give an in-depth reply. It did not miss his attention had the media had also obtained the letter.
“I’ll need to discuss this with my client. I think Mr. Bloem has a peculiar way of communicating and that the way things have been done has not quite led to what can be considered amicable communication. I also don’t think that Mr. Bloem, Royal Resorts and their affiliates quite understand the impact on the members of my Wifol and the decisiveness and firm legal reasoning of the court,” Van Sambeek said.

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Comments (3)


  1. cd says:

    It is unfortunate for St. Maarten, an island that has come to rely so much on timeshare members, that in dealing with the myriad of issues surrounding the Pelican debacle, a few very important truths have been lost including the knowledge, history and track record of Richard Sutton. I am afraid that in the process, St. Maarten has lost Richard Sutton himself and that is unfortunate.

    Over the past 30 years Richard Sutton developed some of the most successful timeshare resorts in the industry under the brand, Royal Resorts. Under Richard Sutton’s management and direction, Royal Resorts has grown to be a leader in the timeshare industry and employs tens of thousands of people in southern Mexico in order to cater to over eighty thousand members and their families. The quality of construction of the Royal Resorts properties and most importantly the management and maintenance of those properties is a fact that cannot be disputed by anyone anywhere. The service provided by the Royal Resorts to its members is one of the best in the timeshare industry and has been independently recognized and praised year after year. The reputation enjoyed by Royal Resorts under the leadership of Richard Sutton is stellar and that is an undisputable fact.

    Many of us became involved with Pelican only because of the track record of Richard Sutton and Royal Resorts. I understand that a small but loud group in St. Maarten made up of a few members and locals have promoted the idea that Richard Sutton and Royal Resorts are part of an evil empire with a plan to take advantage of members and employees at the Pelican but the facts speak for themselves. Richard Sutton has the experience, the reputation and track record to make the Pelican one of the top timeshare resorts in the world. There are some of us that would like to see Richard Sutton and his experience used for the benefit of the Pelican, its members and its employees. We are not interested in wasting our lives and valuable vacation time fighting against someone who knows far more than any member or employee at Pelican about how to successfully develop and operate a timeshare property. We are only interested in getting the most enjoyment out of our vacations in St. Maarten and that is the reason we bought a timeshare here.

    It is important that everyone realizes that we are over 12,000 members at the Pelican but that only 800 or 900 members vote for the election of the board (TAPRC) who in turn has made all the decisions that have led to us to where we are today. Instead of the board embracing the ideas and learning from the wealth of knowledge that Richard Sutton and Royal Resorts brought to the table, they chose to question and disregard. Now ask yourselves, how many current or past members of TARPC, how many Pelican members, how many Pelican staff have successfully developed and operated a timeshare resort? The answer is zero. Also ask yourselves, how does venting on the internet, making false accusations, screaming on the street and writing irresponsible comments on every available forum help the resort to reopen or its employees to get their jobs bask? It does not. The only thing that will make that resort reopen and make sure the employees enjoy full time employment for years to come is a sound operating plan.

    In my humble opinion, if we really want to resolve the issues at the Pelican, if we really want to see the property well maintained, if we really want to see the employees prosper, if we really want to see services improved, then all of us members, the board and the employees should put their egos away and let’s look to Richard Sutton for solutions because he is the only person among us who really knows how to successfully operate a timeshare resort.

    CD – Member Royal Resorts and Simpson Bay Resort

  2. Karen / Long time member Pelican says:

    I agree. Let the Royal experts do what they do best of operating first class resorts. I appreciate the fact that Sutton bit the bullet to keep the fee’s lower or at least tried. Shame on us if Royal is not able to get rid of non productive past Pelican employees. For full disclosure I also own other Royal Resorts properties and very very happy camper.

  3. Dave in DC says:

    Karen…just what was RR doing for the past 13 years and collecting millions of dollars for if not to MANAGE Pelican?

    Who was responsible for hiring and firing employees if it was not Corso and RR management? You praise them as a management team and a savoir for the resorts future …but they have already been there for over a decade and are the reason we are where we are! Use a little logic please.

    Oh yeah, is closing the resort and violating owners rights a part of the RR way too?

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