The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

TRADE union executives yesterday reiterated that former City Markets employees cannot be left in "limbo" while a deal for the sale of the struggling food store chain is worked out.

Some 100 disgruntled former workers of City Markets attended a meeting yesterday, where trade union executives called on the supermarket chain's principal, Mark Finlayson, to schedule a meeting with the Bahamas Commercial Stores, Supermarkets & Warehouse Workers Union (BCSS&WWU) as soon as the sale is concluded to deal with employee compensation packages.

President of the National Congress of Trade Unions (NCTUB), Jennifer Isaacs-Dotson, said: "These persons at City Markets, you cannot have them in limbo. They have bills to pay and children to take care of. They have to pay light and water bills, and put food on their table, yet they are being told that they are not fired."

Mrs Dotson said: "We are asking the Government to ensure that these persons are taken care of, so that they have access to benefits provided by social services and National Insurance until the sale is done, as they did with the people in the Straw Market."

According to Mrs Dotson, "if the need arises", the union would bring "national, regional and international pressure, as well legal action" against the owners and operators of City Markets. Comments by Mr Finlayson last week on the issue of employee compensation sparked concern from trade union officials looking to secure severance packages for the supermarket chain's former employees.

Trade union executives have argued that the food store chain's former employees were all entitled to their severance packages, having been "effectively terminated" by the company. However, Mr Finlayson yesterday clarified his position, saying the company had merely "suspended" operations, meaning no severance pay was required

Whanslaw Turnquest, chief inventory auditor at City Markets, told Tribune Business: "We are getting ready to file a lawsuit against Winn-Dixie to break this pension fund. These people are playing games with the workers of City Markets. I'm taking this international and let the chips fall where they may. The pension fund was set up by a US entity, and under US law they have stipulations to govern US pension funds."

A group of Freeport-based former City Markets staff obtained a judgment "in default" against City Markets' operating parent, Bahamas Supermarkets (BSL), and Mr Finlayson. The judgment in default was rendered by Justice Hartman Longley on April 13, after a non-appearance was entered by representatives for Bahamas Supermarkets or its principal in relation to a writ filed on behalf of Victoria Allen, Charles Forbes, Emily Adderley, Karia Cooper, Nancy Evans, Andrew Major, Malissa Saunders, Mavie Grant, Idella Grant and Anishka Bartlett.

It was ordered that the plaintiffs recover damages against Bahamas Supermarkets. In an injunction issued by Justice Longley on April 17, it was ordered that Bahamas Supermarkets and Mr Finlayson either be restrained by injunction from disposing of funds from the pending sale involving the company, or its assets, in the amount of $189,117.

Mr Finlayson, head of Trans-Island Traders, the Finlayson family-owned vehicle that holds a 78 per cent stake in City Markets' operating parent, Bahamas Supermarkets, recently told Tribune Business that City Markets and himself "did not contest" claims by the supermarket chain's former staff in Freeport that they should be paid a collective $189,000 in severance monies.

While the company had contested the injunction, which reserved funds from the sale in that amount to pay the former staff, Mr Finlayson said Justice Hartman Longley "did not agree at all" with the second part of the group's action - that demanding that they be paid their pension fund monies immediately.

Mr Finlayson said the judge split the case into its two issues, and found that according to the trust that created the staff pension plan, beneficiaries could not be paid before they were 55 years-old.

He added: "The trust can meet its obligations. It has no debt." Mr Finlayson said the family was hoping to exit majority ownership of the latter "by the end of this week".