By SANCHESKA BROWN
Tribune Staff Reporter
sbrown@tribunemedia.net
TRADE Union Congress President and attorney for the Bahamas Hotel Maintenance and Allied Workers Union Obie Ferguson said he will file a writ today in the Supreme Court on behalf of the more than 600 terminated Sandals Royal Bahamian Resort workers for “union busting” and “unfair dismissal”.
One day after employees were made redundant and given severance packages, Mr Ferguson told The Tribune he is seeking reinstatement for all of the terminated workers. He accused the executives at the all-inclusive, luxury resort of dismissing the workers for “being a part of a union.”
The resort closed on Monday to begin renovations. Officials have said the property will re-open in October.
Mr Ferguson also said he is “very, very” disappointed in the government for allowing “these foreigners” to come into the Bahamas and treat Bahamians like dirt. He said with a general election on the horizon, workers should support those who support them.
“What we are doing now, we are filing unfair dismissal for every worker who was unfairly terminated and who was terminated as a result of union activities. He (Sandals’ owner Gordon ‘Butch’ Stewart) cannot be allowed to disrupt this country. We welcomed him to the Bahamas we think he should make as much money as he should but he must respect the laws of the land,” Mr Ferguson said.
“The employees were forced to sign a waiver but that will not affect his court action. That is illegal,” he said, repeating comments Labour Minister Shane Gibson made in the House of Assembly on Monday. “Why do I need to sign something for you to give me my money? I am entitled to that. They paid them two weeks severance, unfair dismissal requires three weeks severance and up to maximum of 18 months. They gave them six months, what happen to the other 12 months? But that’s the way they treat Bahamians. People who are not familiar will jump and say ‘that is a good deal’ but that is not a good deal. They are entitled up to 18 months will all of their benefits. What happen to the gratuity? That falls as a part of their wage. What happen to the meals? You must put them in the position they would have been in if everything had gone normal and if they were working there, what would they have gotten? That is what we are claiming, that is what they are entitled to.”
Mr Ferguson said he believes the government is “too slack” with foreign investors and said he is disappointment that there has been no comprehensive response from anyone in Cabinet.
“The government seems to allow these people to do whatever they want at whatever cost,” Mr Ferguson said.
“We are disappointed these people can come to the Bahamas and treat Bahamians in this fashion. I sent letters to everyone letting them know something was happening, the prime minister, the minister of labour, the minster of tourism, obviously these foreign people have more say than them. But I know one thing, election is coming and I am asking the workers, all workers of this country to support who support you. The government’s first obligation is to its citizens but these people were dismissed and we have still not got a comprehensive position from the government.”
On Monday, Prime Minister Perry Christie declined to speak on the Sandals matter when approached by reporters.
The Tribune understands that the rehiring process at the resort is already underway.
The repairs at Sandals Royal Bahamian Resort are expected to cost $4m with a 14-week timeline.
Comments
sealice 7 years, 8 months ago
Mr Ferguson could the lack of Gov't support of the union mean they feel the same way Butch lack of support for blood sucking the life out of the country union?? That would mean the PLP doing the right thing and that doesn't happen to often.... i guess we'll see?
Honestman 7 years, 8 months ago
"Mr Ferguson also said he is “very, very” disappointed in the government for allowing “these foreigners” to come into the Bahamas and treat Bahamians like dirt".
There is one $800m foreign investor who has been treated by the Bahamian government "like dirt".
Ferguson needs to take a reality check. He and his Union have nothing to offer the workers at Sandals - only permanent unemployment.
themessenger 7 years, 8 months ago
What people like Mr. Ferguson, Omar Bernard & Shane Gibson need to understand is that Sandals isn't run like a government office where you have a job for life despite non performance. In private industry if you don't perform you get fired not relocated and neither the unions nor the government has any "rights" in dictating to private employers that they conduct their businesses the way government conducts theirs. Private enterprise doesn't have the luxury or safety net of the public purse and if their business doesn't perform they can't raise taxes or spend some more of the peoples money, they just go out of business. Omar Bernard's remarks that Sandals should not be allowed to resume operations with new employees is typical of the unions warped perspective that they would rather see the entire property remain closed because Sandals refuses to cave in to union extortion.
alfalfa 7 years, 8 months ago
While you formulate this lawsuit, just remember that Sandals does not NEED to be here. They have already put up with more union b/s than any local Bahamian businessman would have. Bear in mind that they are planning to re-open and will rehire employees, who based on performance, deserve to be. Foolish posturing, and threatening, may well make them re-think this decision. The union leaders need to carefully assess their positions on this. No court can force a business to stay open and pay employees, nor will the court pay your salaries.
licks2 7 years, 8 months ago
I THINK YOU SHOULD SIT THIS ONE OUT. . .YOU ARE NOT GOOD AT THIS. . .YOU WILL COST YOUR COMPANY TONS OF MONEY. . .CHECK YASEF!
THE BAHAMAS HAS YOUR BEST BRAND-NAME SITE. . .AND TO COMPARE OUR DOLLAR TO THE EC DOLLAR OF YOUR OTHER SITES. . .YOU MUST DON'T UNDERSTAND WHAT THE BAHAMAS MEANS FOR YOUR BRAND. . .WE ARE LENDING YOU OUR BRAND-NAME. . .WHICH IS MOST PROFITABLE FOR YOU! You made some dumb moves with your hate of unions that you fail to take all-things into consideration. . .you need the Bahamas more than she needs you! Bahamas is your top brand name. . .you can go if you like. . .just leave the keys under the carpet. . .your new owner will be there shortly!
Theobserver1 7 years, 8 months ago
Why this insistence on ruining or running a private company from your country that, in spite of the fact that the union may not be in there, provides bread for over 600 Bahamians! Forget that they are 'union people', they are people first. And I agree with an earlier comment, private enterprise is not like the public sector. We seem to forget this in the Caribbean, particularly when it comes to unions. Private sector, particularly 'these foreigners', always reserve the right to close down should business no longer make sense. Who will employ the 600 then?
DEDDIE 7 years, 8 months ago
As much as I detest collective bargaining and have no taste for civil disorder, Sandals also carry some responsibility here also. The workers established a union in a legal manner, recognized by the Labor Department. It's obvious to everyone that Sandals didn't want a union in its work place. I own a company and rightfully so, I don't want one in my company but once the law to established one was followed then I will concede to workers' legal right for representation. Sandals most likely will have to concede or pay for wrongful dismissal.
TalRussell 7 years, 8 months ago
Comrades! You throw away your hotel guests garbage's, not turn your 600 workers into disposable like plastic utensil things and stuff. Way even bother to spend moneys to inspire your workers when they done know damn well your profits will not spare them from being fired and if you're not guaranteeing to recall the 600 works, they is fired.Thanks for inspiring your 600 native workers!
IF you be so kinds to rehire 'some' of the 600 workers, will their years of service to your hotel's property be respected and honoured, or will they start off as new workers off the streets on probation?
But the government in power behaves like the sending home of workers is something new to members of the cabinet. You'd think the government would have clear, concise labour polices and standards in place to prevent workers abuse.
There has to be a better way to send home 600 native workers than the way done in this case and there's nothing in place that will prevent repeats of a bad and broken failure to not see even more workers sent home under the same broken screw the workers environment.
I have heard nothing about Sandals footing the bill to come to the assistance of the 600 workers to prepare themselves to find paychecks elsewhere? Jobs that might not even be there to go to.
banker 7 years, 8 months ago
You are making the assumption that companies care about their human capital. Sorry my dear, it is just a balance sheet entry. The only companies that care about their humans, are those with skilled, productive monkeys who's knowledge activities contribute greatly to the bottom line.
But in the service industry with near illiterate employees who tief the terlit paper, tote da food, do a full day's work in three days, and have a sense of entitlement greater than their worth to the organisation, you really can't expect the employer to act any differently, since there are three or four eager beavers out there for everyone that gets declared redundant.
Unions make the same mistake as communism and socialism -- something that I think that you are very familiar with. Communism pre-supposes that workers are units that do empirical measures of work, and that one worker is the same as another. In the socialist's eyes, what makes a worker more valuable is their seniority, and so they maintain scrupulous seniority lists. The study of working heuristics also shows that low-level employees who have been at their jobs for long periods of time, are actually less productive than new employees. The only exception to this, are some customer-facing employees. (Thinking of the old long-time doorman at Breezes for example.)
That would work well if there were upward mobility, but there ain't. The bosses are foreign. The owners are foreign, and the natives (as you call them -- I think that it is pejorative) don't have the schooling, the mental machinery or the wherewithal to advance up the ladder. Black Moses could have fixed that, but he was too busy transshipping nose candy to the US out of Norman's Cay.
So there een no jobs to go to. Thank you Crisco Butt for your wonderful Baha Mar efforts.
The problems are many, and at this stage are unfixable. Pity. There was enough here at one point, for an intelligent, non-criminal leader to create a society where everyone could have a guaranteed annual income, but those opportunities have been cashed and hidden offshore in Panama by sub-human PLP scum who sold this country to the cartels and sowed the seeds of what we are seeing today.
licks2 7 years, 8 months ago
SANDALS WILL RUE THE DAY THEY EVER WENT DOWN THAT STUPID ROAD. . .THE LABOUR LAW WILL BURY THESE HR PERSONS WHO ADVISED OF THIS DUMB UNION BUSTING TACTIC!
THAT HOTEL HR PERSON SHOULD BE FIRED. . . CORE TO HR PHILOSOPHY IS THAT THEIR PRIMARY JOB IS TO KEEP THEIR COMPANY FROM A MAJOR "JOOKING" FROM THE COURT LIKE WHICH IS COMING FOR THAT HOTEL!!
THE COURT WILL KILL THEM. . .THEY WILL PAY OUT MANY MILLIONS MORE. . . FORCED TO RE-INSTATE. . .RECOGNIZE THE UNION RIGHT TO FORM (ILO 87 and Bahamas Supreme ruling June 2011). . .THEY CANNOT RE-FILLED REDUNDANT POSITIONS!
FROM AN HR STANDPOINT. . .THERE IS A MAJOR SNFU AT THAT PLACE!! THEY NOW HAVE TWO BOSSES IN COURT FOR UNION BUSTING TACTICS NOW. . .AND THEY GONE AND GIVE THEUNION THIS HUGH STICK TO WAP THEM OVER THEIR HEADS WITH. . .
concernedcitizen 7 years, 8 months ago
They will close the place and move on ,,with our energy cost and sullen under performing workforce they can do better else where .They already have 3 in Cuba ..Why do you think DR is doing four million tourist a year and our stop over has not increased since 1998 ,,1.5 million a year ..Better value ,,better service elsewhere ..You make a lot more tips/gratuity off of four million guest than one and a half million ..I work in tourism and the guest continually complain about the automatic 15%for shitty service ..Cuba is open our strong arm tactics are growing old ..there is plenty sun ,sand and sea in the Region
licks2 7 years, 8 months ago
The same was said of the "opening" of the USSR after 70 of socialist government. . .the expected tourist boom had the whole of Europe and some other destination shaking in their boots! Decades later, the USSR still has not find its footing and become that competition for the rest of the region! It remained a "welfare minded" work force that could not find its place in an already growing tourist market. . .the USSR only became competition in crime!
Cuba now leads other nations in the region in "flesh tourist" market I am told. . .where other nations lead her in the professional tourist product! But Cuba's biggest problem will be it "native mind" that like USSR, cannot compete with those other nations that have decades of training ahead of them! I suspect that crime shall quickly over take its social empty spaces as a long poor people scramble for the little money that will trickle in after the borders are opened to the rest of the world! Let them close their place. . .this the Bahamas! How long do you think that building on cable beach will be vacant. . .not as long as patty lasted in the army so to speak!
banker 7 years, 8 months ago
You can't compare Cuba to the USSR. First of all, there is geography. Moscow is at least a 9 hour expensive flight around a couple of thousand dollars. A flight to Cuba is a few hundred and a short flight.
The Russian culture is nothing to write home about, and you can't dress it up. Cuba has sex, music, food, cigars, and a whole range of activities from windsurfing to bass fishing in their lakes. Cuba has marvelous architecture, whereas Moscow is full of Stalin wedding-cake buildings (Saint Peterburg excepted but it is on swamp on the Neva River) that are depressing as hell. Russian food is stolid and uninviting whereas Cuban food is exciting. Cuba is tropical and Russia is not. Perfect for a winter vacation close to home.
Most Canadians who travel to escape the winter have already been to Cuba and the DR because they are cheap holidays.
concernedcitizen 7 years, 8 months ago
Cuba is doing three million a year w/ out the US ..Even Jamaica has increased market share since the great recession ..We are still doing 98 stopover numbers just charging more ..Lets not even talk about the exit surveys at MOT ,,a f,,,king horror show ..DR is kicking the snot out of us w/ 4 million stop over a year ,,Everywhere at this latitude has beaches like us ,,Xenophobic rants do not translate into more arrivals
BaronInvest 7 years, 8 months ago
No, they will just leave and don't give a fuck.
Alex_Charles 7 years, 8 months ago
remember people, this is the Bahamas, as a Bahamian you don't own jack shit. Tourism does not belong to Bahamians, we are only cheap labour. Cry, whine and complain all you want, If sandals leaves the only fact that will remain is that a major employer is gone period
licks2 7 years, 8 months ago
Gone where? Back to Ja? To St. Martin. . .St Thomas. . .Tortola. . .Barbados. . .T&T? They need us. . .our name just as much as we need their jobs. I lived and work in the Eastern Caribbean for several years. . .THEY NEED US. . . WE ARE THEIR TOP BRAND NAME DESTINATION. . . WHY DO YOU THINK THEY HAVE 2 HOTELS HERE. . .BAHAMAS IS A HOUSE HOLD NAME GLOBALY!
FURTHER MORE. . .THE EC DOLLAR VALUE COMPARE TO BAHAMIAN DOLLAR VALUE WILL KEEP THEM HERE! THATS THEIR MAJOR "WEAKNESS" IN THE REGION. . .I WILL LET YOU FIGURE THAT ONE OUT. . .AFTER I LIVED AND WORKED IN BOTH PLACES . . . THE CURRANCY DIFFEREENCES IS IMPORTANT!
concernedcitizen 7 years, 8 months ago
Sandals got along just fine before opening here and will continue to ,, Apart from Atlantis we got squat ,,The family island /second home market only put 20% of our revenue ,,,cruise ships are all going to private cays w. short night stop in Nassau ,,,cuba the next cruise ship run ,,In 5 years we can,t pay our civil service ,,prepare or keep whistling in the graveyard
banker 7 years, 8 months ago
Sandals doesn't need the Bahamas. Using UNWTO figures, here is a breakdown of how much more expensive it is for tourists to vacation in the Bahamas:
by banker
We have some of the most expensive holiday costs in North America.
As for currency differences, that doesn't matter at all. Par value means nothing. Look at Canada -- member of G7 ( was G8, Russia is banned), G20, one of the strongest economies in the world, best standard of living in North America, and their dollar today was at 78 cents US. It really doesn't matter what the currency is pegged at, it all comes out in the wash.
A large or small currency peg doesn't hurt tourist companies who sell vacations in hard currency. The tourists pay in US or Cdn dollars. It only hurts the locals who must buy stuff with local currency trading at pennies to the dollar of hard currencies.
Some of my colleagues think (and I agree) that the Bahamian dollar will eventually be devalued at least once or twice in the next 5-10 year, eventually coming to rest at around 50 - 65 cents US. Econometric analysis shows that the "real" value of the Bahamian dollar is about 35 cents US, and there is a strong case to ditch the Bahamian dollar and dollarize the economy. Bahamians will be better off for it.
TalRussell 7 years, 8 months ago
Comrades! It's a sure bet when Ministers Obadiah and Shane says they're looking into the questionable moves foreigners made against the natives, the natives will be left waiting for them two Crown Ministers to fulfill their promises 'of course we the government must not ignore the natives?'
A credible septic tank pickup service would have dispatch their two largest capacity crap tankers to fill them with the crappy stuff these two talks out their left and right cheek cracks of their their asses when promising protect the natives over the foreigners.
What we need is a labour law to protect the workers from the promises of these two Crown Minsters.
DillyTree 7 years, 8 months ago
And sue them for what?
Sandals is a private company and has the right to conduct its business as it sees fit. They are tired of the union tactics and stupidity, and one can hardly blame them. Unions behaving like spoiled entitled children with no real regard for their members, just empty posturing and carrying on. Makes us look like complete idiots!
If every foreign company pulled out of the Bahamas, how many jobs would we have left? Baha Mar has already been one big reality check, but we just don't seem to get it through our stupid little heads that, like it or not, we are in no way independent in our ability to provide enough jobs for everyone. So unions need to stop behaving as if they hold all the cards. We don't. Simple as that.
And don't even get me started on our national grade average where 50% of our workforce is functionally illiterate. Maybe this is why we just don't seem to "get it".
jackflash 7 years, 8 months ago
Jack Tar Resort in West End, Grand Bahama closed it's doors and left a fully furnished hotel and marina because of the hotel union. They left food on the shelves of the grocery store, golf carts, etc. Didn't bother to take anything with them, just their weekly payroll. They warned the union that they could operate under the unions demands. But the union wouldn't budge. So the company split, never to do business again in the Bahamas.
They were good to the people of West Grand Bahama and everyone who wanted a job had one.
West End has never recovered. Now people have to come to Freeport for work. They had it good and the union screwed it up.
Sandals in Exuma is not turning a profit, was Nassau?
Be careful of what you wish for!
They could roll out of here in an instant!
licks2 7 years, 8 months ago
THIS MAKES NO SENSE. . . WHO OWNS THE PROPETY? THSI COMPPANY JUST UP AND LEFT. . .LEAVING MILLIONS OR EVEN BILLIONS IN INVENTORY JUST BECAUSE THEY REFUSED TO ADD A FEW HUNDRED THOUSANDS PER YEAR MORE TO STAFF PAY! THINK THAT THROUGH AGAIN MA FELLA/GAL. . . SOMETHING EEN RIGHT HERE!
jackflash 7 years, 8 months ago
It's a fact.
Jack Tar left because of union demands.
ASK ANYONE.
DillyTree 7 years, 8 months ago
Licks, it's you who needs to sit this one out until you get a basic understanding about how things REALLY work.
Yes, they walked away. It was cheaper and less hassle than dealing with the union. And Sandals could easily do the same thing. Wonder how Sandals would do in Cuba once things open up to US visitors? They don't need us -- we need them! Take those silly arrogant rose-coloured glasses off and see the big picture!
Well_mudda_take_sic 7 years, 8 months ago
What all of them haven't been told yet is that the Sandals Cable Beach property has been losing money for years now and will most likely not be re-opening. The property is probably worth more as a condominium development and no doubt certain of the political elite will press to partner with the new owner/developer. Of course Christie's son is likely be appointed exclusive real estate agent/broker for the selling of the new condo units to wealthy foreigners. Who knows, Christie's new found Chinese friends may even be the new owners of the property and possibly involved in its renovation/construction. No, no, no....please say it ain't so!
banker 7 years, 8 months ago
Co-sign! Sandals told Crisco Butt weeks ago of their intent, and did the Prime Minister do anything or say anything ?????? A big resounding no! And when asked by the press what he thought of this, his first response was to run and hide. No Comment! What does that tell you? The Prime Minister is complicit in this. Still waiting for his statement and acknowledgement that he knew about this.
AND ... this is the big AND .... Sandals didn't even answer Shames letter's from his ministry and they ignored the union bosses. WHO DID THEY SEND LETTERS TO? The Attorney General's Office. They were preemptively filing their defense.
Sandals has 20 other properties. They already have a digital strategy in place to steer away tourists from Nassau for the "renovations".
What Obie Ferguson is most worried about is the potential loss of his own income when his union dribbles out of existence and he may actually have to push a mop or carry a bag for a living.
Reality_Check 7 years, 8 months ago
Christie's Job Program: Sue Foreigner Investors For Work!
Reality_Check 7 years, 8 months ago
And our Attorney General, the Wicked Witch of The West, will accommodate such legal actions because she's about as anti-foreigner as they come. Mind you she happily flies around on a broom that was made in China!
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