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FRIDAY, JUNE 12, 2020
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‘biggest’ COVID-19 rise ‘inevitable’ Bahamas employment claim with tourism’s reopening rejected on appeal By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
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EQUIRING visitors to take a COVID-19 test before they enter The Bahamas is “a non-starter”, a Cabinet minister argued yesterday, while warning that the tourism industry’s July 1 re-opening will “inevitably” increase cases. Dionisio D’Aguilar, minister of tourism and aviation, told Tribune Business that The Bahamas would “suffer an unprecedented period of economic malaise” if it failed to restart the industry that provides the greatest amount of jobs and foreign exchange
• Visitor testing pre-arrival ‘non-starter’ • Minister in stark warning on dangers • ‘Unprecedented malaise’ if stay closed
DIONISIO D’AGUILAR
earnings despite the risks associated with triggering a potential second wave of COVID-19 infections. Speaking after Dr Duane Sands, former minister of health, told the House of Assembly that no one should be admitted to The Bahamas without undergoing a PCR molecular swab test for COVID-19 prior to their arrival, Mr D’Aguilar admitted that the issue continues to pose “a conundrum” for the touristdependent nation.
He added, though, that the time, expense and logistical difficulty involved in mandating that tourists obtain such a test before departing for The Bahamas was viewed by the tourism industry as too difficult “an impediment to overcome” when seeking to attract business back to this nation after July 1. “The Ministry of Tourism consulted industry and it was the firm belief of The Bahamas Hotel
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Sandals’ November reopen to have ‘devastating effect’
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
A UNION leader last night warned that Sandals’ delaying the reopening of its flagship Cable Beach property until November 1 will have “a devastating effect” on staff who will be “unable to survive another five months”. Obie Ferguson, the Trades Union Congress (TUC) president, told Tribune Business he was still trying to discover why Sandals Royal Bahamian will remain closed until that date after only being informed of the situation yesterday. Mr Ferguson, who acts as the attorney for the Bahamas Hotel, Maintenance and Allied Workers Union, which is the bargaining agent for the resort’s line staff, said the consequences of waiting four months
• Union boss: ‘Staff can’t survive until then’ • Minister ‘very concerned’ at November 1 date
OBIE FERGUSON beyond the Bahamian tourism industry’s muchtrumpeted July 1 re-opening would be “terrible, terrible” for a Sandals Royal Bahamian workforce that is several hundred strong. Research by this newspaper confirmed that the resort’s re-opening date is listed as November 1 on Sandals Resorts
Oil explorer: Merger ‘assures’ bahamian well will be drilled By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net AN OIL explorer yesterday said its pending merger with another Caribbeanbased operator “assures rather than threatens” the delivery of its first well in Bahamian waters by yearend 2020. Simon Potter, Bahamas Petroleum Company’s (BPC) chief executive, reiterated for the second time this week that the company’s latest expansion move poses no danger to its ability to fulfill its licence obligations to drill an exploratory well in waters south-west of Andros.
SIMON POTTER Speaking after BPC unveiled its all-share merger with Columbus Energy Resources, an oil and gas producer with interests in Trinidad and Suriname, Mr Potter said the deal and its execution
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Insurer: Dorian causes largest vehicle losses By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net BAHAMAS First says Hurricane Dorian’s devastation caused its “largest motor vehicle” loss ever with 538 claims producing gross losses of more $6m in that business category. The property and casualty insurer’s 2019 annual report adds that while most of that sum was covered by its reinsurers, most claims were for “total losses” due to the impact of the category five hurricane’s storm surges and associated flooding. “Hurricane Dorian
produced our largest motor loss arising from a natural disaster with some 538 claims across the affected areas,” Bahamas First informed shareholders. “Our gross losses were over $6m for this line of business, but this was reduced considerably by reinsurance recoveries. “The vast majority of these claims resulted in total losses for the vehicles concerned and, hopefully, this will result in relatively robust replacement vehicle activity in the two islands that were mainly impacted.
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International’s website. A press release sent out by the resort chain, which is controlled by Gordon “Butch” Stewart and his family, also carried the same date, but this newspaper was unable to reach executives before press time to explain the delayed Royal Bahamian re-opening. While several of its other Caribbean properties are not scheduled to re-open until later in the year, a Sandals resort in Antigua has already opened on June 4, and its second Bahamian property - Sandals Emerald Bay in Exuma - is due to come back online on July 2 in line with the sector’s general re-opening plan. “I have made some inquiries, but quite frankly
we have not been able to ascertain the exact reasons,” Mr Ferguson told Tribune Business of Sandals Royal Bahamian’s November 1 re-opening. “It’s terrible, terrible. It takes them down to a level of survival. “That’s going to have a devastating effect on the whole workforce because there is no way they will be able to survive for the next four to five months. The income just isn’t there. The ones I have spoken to are having great difficulty paying their rent, supplying food for their families, making car payments and meeting just normal medical expenses by purchasing pharmaceutical products.”
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By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A $1.346M wrongful dismissal claim against a BISX-listed insurer, rejected by the Court of Appeal, was yesterday branded by an employment law specialist as the “biggest” he has ever seen in The Bahamas. Robert Adams, consultant attorney at Delaney Partners, who led Family Guardian’s successful defence against the action brought by a former agency manager, told Tribune Business he was unaware of such damages being sought in any other case. “To my mind, this is the largest,” he said. “As far as I’m concerned I’ve never dealt with any claim as large as this from an individual employee. I haven’t seen anything bigger in The Bahamas, and I’ve done a fair amount of them.” The Court of Appeal, in a June 10 verdict, rejected the breach of contract and wrongful dismissal claim by Julie McIntosh, a 26-year Family Guardian veteran, who waited until almost five years after her departure to initiate legal action against the BISX-listed life and health insurer. Appeal Justice Stella Crane-Scott, in a unanimous verdict, noted that the dispute arose after a 2011 internal restructuring sought to transform Family Guardian’s agents and agency managers into “financial services sales representatives”. Detailing the background to the legal fight, the Court of Appeal noted that Mrs McIntosh was hired as a Family Guardian agent on August 26, 1985, via a contract that permitted the insurer to modify the
provisions relating to commission payments at any time. And her employment could be terminated by either side, “with or without cause”, via written notice. More than two decades later, Mrs McIntosh was promoted to agency manager on January 16, 2007. The contract terms allowed Family Guardian to terminate her employment with “not less than two months” written notice, and to invoke this clause for any breaches it deemed serious. A key term of the contract also required her to “continue operating as an agent”, and failing to do so would result in “immediate” termination. This ultimately became key when Mrs McIntosh, who was earning $450,000 per year, refused to accept the employment terms offered to her, including an altered commission structure, when the 2011 restructuring was initiated. “On January 12, 2011, Family Guardian wrote to its agents and agency managers (including Mrs McIntosh) informing them that due to various legislative changes which had taken place in the insurance industry, it had decided to undertake certain internal restructuring,” Appeal justice Crane-Scott wrote. “Family Guardian’s agents and agency managers were invited to agree to the terms of a proposed financial services sales representative agreement (FSSRA) under which they would operate as financial services sales representatives for a new entity, FG Insurance Agents and Brokers Ltd, which was described as a whollyowned subsidiary of Family Guardian.”
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