On Monday, 23rd June 2014, I was advised by my legal that Government will be appealing my court verdict awarded, which was ruled in my favor by the court of first instance on 3rd June 2014. The court of first instance established that both the Shareholder Representative and Supervisory Board members violated the by-laws of the company with the illegal suspension, and miserably failed to act and follow the rules as established in instances that could have avoided all of this. The opposing party defense could not support any of their arguments and they wanted to award me as Statutory Director a salary of Nafl. 10,000 unsupported.
Despite the ruling being very clear, it appears the Shareholder Representative of Postal Services St. Maarten NV (PSS), Hon. Sarah Wescott-Williams along with her team, still believes differently and cannot accept or agree with the ruling of the judge with all the supporting material that was presented.
This continued action creates the semblance of a personal battle at the expense of the taxpayers. The free hand to use our taxpayers’ guilders freely to fight legal battles, that one can question, against its own and young professionals, is just simply amazing. Fighting another round in this battle, on top of the year and a half they already fought in courts, will only add to the total existing hefty legal bill, while not having any guarantees that the appeal judges will rule in the favor of Government, as certain things will not change and the ruling again could go against Government and costs the Country and PSS yet even more. Moreover this could be a move by the Shareholder Representative and/or Supervisory Board to simply run from their failures to act and resolve, and just pass on the problem to the next incoming Government to deal with and solve, as an appeal case can take years before a ruling is handed down and is very expensive.
As per the articles of PSS, the Supervisory Board can be held personally liable for questionable actions on their part and they violated the by-laws of the company as was pointed out in the court ruling with the illegal suspension and should be held liable for such.
Prior even to taking this matter to courts, I expressed the hope that the case would not have to end up in courts, as I had hoped back then that parties would have been able to resolve, but I was proven wrong and forced to take this matter to courts for a resolution. See youtube video interview held back in February 2013, or use the following link: http://www.youtube.com/watch?v=0xUFesF_Aqw
Government focus should always be on creating opportunities and jobs, acting as a good corporate citizen, setting the example, and taking the lead making life easier, instead of fighting and limiting its own young educated professionals that came back to build a future and help their country. We should be embracing. If Government fails to act as a good corporate citizen, how can we then demand the same from the private sector, are we sending the wrong signal and/or message?
In closing, it should never be about Who is right, but What is right! Fighting fire with fire will never turn our wrongs to right. I do hope Government reconsiders this decision and seek to respect the court ruling. The court in first instance has ruled following the laws of the land and that governing the entity in coming to its verdict. The shareholder representative and the supervisory board of PSS failed in the past and now have the opportunity to do What is right, for the interest of all, bringing this four (4) year matter to a proper and final closure.