Simpson Bay Resort wins stay of executionPOSTED: 12/3/11 10:56 AM
Wifol disputes ruling and will go back to court
St. Maarten – The Common Court of Justice suspended the November 25-ruling that gave Wifol-members the right to go back to work at the Simpson Bay Resort in Pelican Key. Wifol’s attorney mr. Maarten Le Poole immediately fired off an email to the resort’s attorney Mr. Jairo Bloem notifying him that this latest ruling is (again) based on a legal mistake. He summons Bloem not to call upon yesterday’s suspension ruling; otherwise Wifol will go back to court.
The November 25-ruling is for the time being suspended until the court has taken a decision about the case in appeal.
The Common Court –consisting of judges mrs. H.J. Kooten, J. de Boer and J.R. Sijmonsma – ruled on technical grounds that the Court in First Instance could not have arrived at the conclusion in its November 25-ruling that the demand by Wifol is assignable.
“In the opinion of the Common Court, the ruling by the Court in First Instance contains an apparent legal mistake.”
Based on this consideration the Common Court assigned Simpson Bay Resort’s demand to suspend the November 25-ruling. This leaves the Wifol-employees empty-handed.
The Common Court noted that because of its decision based on the apparent mistake, it had not gotten around to render judgment on the importance of the interests of both parties: the interest of the workers to keep their salaries and the resort’s interest to cut costs.
The attorneys for Wifol noted in turn an apparent legal mistake in yesterday’s ruling. The Common Court referred to the summary proceedings that gave Wifol-members the right to return to work, or at least to remain entitled to payment of their salaries, as an enforcement-dispute.
“The court ignored the fact that this is not an enforcement-dispute. Instead it made a complete consideration and issued a new judicial order. In our view that is not an enforcement-dispute,” attorney mr. Wim van Sambeek said in a reaction to the ruling.