In early 2013, after resigning as the Director of Postal Services St. Maarten NV (PSS), I was forced to take both Government and PSS to courts, to challenge the illegal suspension from December 2011 and also to establish my remuneration package, which both the Shareholder Representative and Supervisory Board members failed to do in line with the company by-laws and the Corporate Governance Code. They failed to act responsible as expected and entrusted to do, even when being advised to do so.
After almost a year and a half, of presenting and defending the matter in courts, the judge in this case finally ruled, and ruled in my favor, awarding what was requested rightfully. On the first matter, the judge ruled that the lightly imposed suspension, was illegal, could not be supported with the arguments presented and therefore lacked a legal basis. The Supervisory Board who carried out the act, with the blessings of the Shareholder Representative, back on December 27, 2011, did not respect the principle of Audi Alteram Partem, and failed to recognize the specific corporate responsibilities of the different bodies within PSS!
The judge also established a base salary as requested in line with the Corporate Governance code, of over Nafl. 19,000. This was supported and found to be more than reasonable, being amongst the lowest and taking into consideration the salaries awarded to other Statutory Directors of Government owned companies, both in St. Maarten and in Curacao. The defense was requesting an unsupported salary of Nafl. 10,000.
At this stage, I take this opportunity to thank God first and foremost, my family and friends and my lawyer Ms. Jojanneke Deelstra from HBN law firm, who did a great job in putting together and defending this case well. Together we rightfully won a great long battle and got a well-deserved ruling, as this was always about just demanding and getting a fair and reasonable remuneration package normally awarded in line with the Code and to clear my name of any wrongdoings.
With this favorable ruling now in hand, I trust Government and PSS will respect and accept the ruling of the courts, bring the matter to a good closure and settle what is still outstanding for my honorable services to my country. In essence stop the back and forth on this matter, which has been going on now, unnecessary and unsupported for almost four (4) years to date. Clearly mistakes were made in the past, and you cannot turn back the hands of time to change anything already done, but you can learn, own up to it and move on.