BASSETERRE, ST. KITTS, APRIL 23RD 2009 (CUOPM) – Deputy Prime Minister and Minister of Labour Hon. Sam Condor has expressed “much concern and dissatisfaction” with regards to the procedure and handling of the lay-offs of 100 employees at the St. Kitts Marriott Resort.
In his first public statement on the matter, the Deputy Prime Minister and Minister of Labour, told the National Assembly Thursday morning that this was communicated in a letter dated 21st April, 2009 to Marriott Management, after emergency discussions on Friday 17th , conducted by himself and involving the management of the Marriott, the Labour Commissioner and the Deputy Labour Commissioner.
In a letter to the General Manager, Mr. Flor Van der Vaart, the Commissioner of Labour, Mr. Spencer Amory recorded the Department’s disapproval and dissatisfaction regarding the action taken by Marriott on Thursday 16th instant, when approximately 100 Marriott employees, received letters of termination.
In the letter, the Labour Commisioner recalled that during a March 13, 2009 meeting between the Marriott Representatives Lisa Parker and David Khay, and the Department Commissioner, Mr. Spencer Amory, Ms. Jennifer Archibald and Ms. Eudora Nisbett, the Marriott Representatives notified the Department of their reduction in occupancy, and explained the reasons for a decision to lay off 10 (ten) employees, pointing out that the discussion looked at ways in which to minimise further downsizing and talked about how to further assist these employees and any others, who could be put out of work.
Deputy Prime Minister Condor disclosed that the Labour Commissioner on March 28, 2009, received a call from the Marriott representative who advised that circumstances had changed at the Hotel and it appeared that some 100 employees might have to be laid off.
“The Labour Commissioner was told he would be kept apprised of the situation,” said Mr. Condor, who said that in a March 30th meeting held at the Department of Labour with Mr. Spencer Amory, the Labour Commissioner and Marriott Representatives, Lisa Parker and Flor Van der Vaart, Mr. Amory was advised of the decision that was going to be taken to layoff some 100 employees, because things at the Hotel had not improved.
“Marriott Representatives were again told that they would need to notify the Commissioner in writing as is required by legislation,” said the Deputy Prime Minister and Minister of Labour.
He said that on March 31, 2009, the Marriott dispatched a letter to Mr. Spencer Amory, Labour Commissioner, which was copied to Hon. Sam Condor, Deputy Prime Minister and Minister of Labour; and Minister of Tourism, Hon. Ricky Skerritt which formalised the information discussed with the Labour Commissioner on the previous day.
Labour Minister Condor told the National Assembly that between April 1st and 12th, discussions took place between the Labour Commissioner and Marriott Representative relative to the process and legal requirements for layoffs.
“A time frame was not determined, nor was termination discussed,” said Minister Condor.
He further stated that on April 14, 2009, notice was sent to the Department of Labour that 100 employees will be terminated on April 16, 2009, stating that the company was forced to take these steps as a last resort since the slowdown has drastically affected the St. Kitts Marriott.
On April 16, 2009, a faxed copy of the letter from Kelly-Ann Meyers, Human Resource Manager was received from Marriott, which furnished the names of the employees affected and specimen letters of termination which was in fact the said day of layoffs.
Minister Condor noted that the Labour Department has expressed great concern about the quick escalation from the initial 10 persons to 100.
“The Letter of March 31st stipulates possible Layoffs, but the Letter of April 14 speaks to Termination of employees. Based on what was expressed to the Labour Commissioner prior to March 31, 2009, questions of good-will and credibility are being raised.
1. Contrary to your reference to Organizational change in your letter of termination, your action, looked at under the criteria set out in the Protection of Employment Act, speaks to the issue of misrepresentation.
2. The Protection of Employment Act states also that notification to the Labour Commissioner should be at least one (1) month in writing in advance of the action of layoff or termination. This did not occur, which would make the current notice of termination void.
3. There is grave concern regarding renewal of work permits while locals are being terminated.
4. The manner/process in which employees were advised of termination is not acceptable.
In light of these concerns and the gravity of this financial loss for workers, we trust you will be willing to further dialogue on these issues, with the intention of bringing about a positive and agreeable resolution to these urgent concerns.
He said that the above letter was hand-delivered by the Labour Commissioner, Mr. Spencer Amory, on the said day.
“I subsequently received a telephone call from the Manager, Mr. Van der Vaart, informing that he was leaving island, but had instructed his team to meet to respond to the letter and thereafter to convene a meeting with myself and Labour Department officials,” said the Deputy Prime Minister.
He told the National Assembly and the Nation, that the Ministry and the Labour Department intend to ensure that no worker, not even one worker, is disadvantaged, in this matter.
“Our mission, our purpose, as a Labour Government, is for the upliftment, development, protection and general welfare of all workers. Workers at all levels are the engine of our Nation’s sustainability growth and development. They are our blood line…….. we understand that in Labour! And workers understand that we fundamentally believe that, with every fibre of our beings. When workers hurt, We feel their pain,” said Minister Condor.
