The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

A UNION executive at the Bahamas Hotel Managerial Association says that managers at the Grand Lucayan resort are not being unreasonable and are only asking for “fairness and justice” in the negotiations of their voluntary separation packages.

The lawyer represeting Lucayan Renewal Holdings said they will not be participating in any further proceedings in the matter set at the Industrial Tribunal in Freeport.

Following last week’s proceedings, Kirk Russell, vice president of BHMA, said he was not concerned by their withdrawal from the process as he believes that justice will prevail in the matter.

“What is the problem with the Bahamian people at Grand Lucayan? Why must they be treated different?” Mr Russell asked. “Why should we send these people home with a portion of their money? Fairness and justice is all we are asking for; we are not making anything up. Every monetary allocation that is set out in our proposal is in our industrial agreement; every single penny.”

Jacey Whitaker, an attorney that represents LRH, informed the court last Monday that the tribunal as a statutory board lacks jurisdiction to deal with this particular matter.

“The tribunal understood the legal points but the union had some issue understanding the legal arguments presented. However, it is our position that the tribunal does not have proper jurisdiction to deal with this matter and it should possibly go somewhere else if it is not resolved,” he explained.

Mr Whitaker stated that they are removing themselves from the process and will not attend the next proceeding that is scheduled for May at the tribunal.

He added that they have gone beyond what is required to help the union.

“We have given the union everything they have asked for in the past, but they are refusing to accept what the true facts of this case are. At this point, we are simply saying we come forward with clean hands and we tried to help; we done this as more of a favour to the union, not because we are legally required to attend and participate, but in an effort to help, and our help seems to be unwanted. So, at this point, we are removing ourselves from the process in the tribunal.

“What that means for the union, what their next step maybe, I don’t know. But for us, this is the end of the matter for us,” Mr Whitaker told The Tribune.

Mr Russell said the union is not really concerned that the attorney for the other side has chosen to withdraw from the process.

“We will meet back at the tribunal on May 6 of this year. BHMA will not speak to what their attorney wishes to do. I know that the court based on the (law) has jurisdiction to resolve disputes, and that is what we have here,” he said.

“The more pressing thing the other side ought to be concerned about is that they would have submitted a defence on November 1, 2016, outlining that LRH fully accepts the industrial agreement, and they would be guided by it and the language and honour it,” he said.

Mr Russell contends the tribunal has full jurisdiction to hear and decide on matters, and to award damages in industrial agreements.

“We believe justice will prevail,” he said. “BHMA does not want to be here. All we are saying is that there is nothing in law that can guide you as to how you settle a voluntary separation package, but the other side is insisting.”

“All we are saying is let us negotiate in good faith and be guided by the precedent set with other hotels in the Bahamas over the years and with other government companies, and come up with a number that make sense. You can’t expect to send a worker home and he don’t have any job, and you agree to pay him based on Section 29 of the Act - that is a problem.”