St Kitts judge bars US co from selling assets

High Court judge Errol Thomas of St Kitts and Nevis on Monday granted an injunction against a United States-based internet cable company after it dismissed 131 workers last week without prior notice.

Clear Harbor Nevis Limited as well as several persons and financial institutions have been restrained from disposing, transferring, diminishing or dealing with any assets held in the names of the persons named in the injunction.

In an affidavit presented to the court in Basseterre, Labour Commissioner Spencer Amory said that Clear Harbor closed its operations, terminating the employment of all its employees.

He said that since the closure on March 30, he has had several meetings with the employees and representatives of Clear Harbor and "have been informed and verily believe the same to be true that they, along with other employees, are owed payments for several benefits, including wages, holiday pay, payment in lieu of notice among others".

He said that he has been informed by the Social Security Board that on or around March 31 Clear Harbor paid some monies to satisfy its various obligations for social security and employment benefits and that there are still outstanding balances for severance payments and housing levy.

The company also owes electricity and water bills as well as taxes under the Income Tax Act.

Amory said that after meeting with the attorney and finance manager for Clear Harbor, both declined to give an undertaking that the company would meet its financial obligations prior to leaving the Federation.

"In light of the foregoing, it is my belief that, unless restrained, the first to 12th respondents/intended defendants would dispose and/or transfer and/or charge and/or dissipate and/or diminish their assets without satisfying their financial obligations to the Government of St Kitts and Nevis," he said in the affidavit.

Deputy Prime Minister and Minister of Labour Sam Condor last week described the move by Clear Harbor to terminate the jobs of the employees as "callous, unprofessional and disrespectful".

He said also the closure constitutes a clear breach "of the Protection of Employment Act and subsidiary legislation" and that "every legal option would be also explored in an effort to ensure that this matter is justly dealt with".

- CMC