06172020 BUSINESS

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business@tribunemedia.net

WEDNESDAY, JUNE 17, 2020

$3.27 Contractor’s part win over bungled BTC agreement By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A BUNGLED contract triggered a dispute that resulted in the Bahamas Telecommunications Company (BTC) being ordered by the Supreme Court to compensate an independent contractor for four months of work. Justice Ian Winder, in a June 3 judgment, said BTC’s much-touted fibre-to-the-home technology “was not gaining significant momentum” when it terminated KT MacTech’s installation contract without due cause. As a result, he found the contractor was entitled to the contractually-stipulated three months’ notice plus its invoice for work completed in December 2016 that BTC had also failed to pay. However, Justice Winder only partially ruled in KT MacTech’s favour and stopped well short of the $1.918m damages sought. He said there was “overwhelming evidence” that it was “an impossibility” for the contractor to fulfill the contractual term that ignited its legal battle with BTC given that - by industry standards - it would have to complete two days’ worth of work in just 24 hours. KT MacTech, in its statement of claim, alleged that the fibre-to-the-home installation contract it secured with BTC contained an “express term” that it would receive “a minimum 276 points per work crew per day”. The points system estimates how long it should take a technician to complete a field task, with one point equivalent to ten minutes’ worth of work. BTC, while admitting that KT MacTech’s contract contained this compensation arrangement, argued that it “was an error and is regarded as a mutual and/or unilateral mistake between the parties” that the contractor was fully aware of. BTC, now controlled by Liberty Latin America through Cable & Wireless Communications (CWC), said the contract should have stipulated “276 job points per day” for KT MacTech as a whole, not its individual crews. However, KT MacTech, which said it had to sign-up to a non-compete agreement to work exclusively for BTC and no rival carriers, alleged that BTC had “defaulted” on payments required under the contract based on the “minimum 276 points per work crew per day”. It further claimed that BTC “begged indulgence” to allow it to pay 46 out of the 276 points “until they were able to subsidise the same with the balance of the payment”. Alleging that BTC never paid the full balance owing in any month, KT MacTech also claimed that the carrier “attempted to coerce” its contractor into waiving the “276 points” stipulation and sought $1.918m in damages. Keith Mackey, KT MacTech’s president, said in evidence and during the Supreme Court trial that it took a year to negotiate a satisfactory installation contract with BTC after initial offers proved “too low”. He claimed that Nigel Brogdam, a BTC executive, asked him to send invoices for 46 points per crew per day until the carrier could provide more work. “Mackey says he was hesitant but went along this only because he had already

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$3.27

$3.80

Unpaid Lucayan workers ‘authors of own distress’

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

T

HE Grand Lucayan’s chairman yesterday said the 40 managerial staff alleging they have not been paid for weeks are “authors of their own distress” after they failed to co-operate on accessing unemployment benefits. Michael Scott QC, dismissing claims by the Bahamas Hotel and Managerial Association (BHMA) that the government-owned resort has been “cherry-picking” who it pays amid the COVID-19 crisis, told Tribune Business it had “bent over backwards” to ease the financial stress on employees during the pandemic. Emphasising that Lucayan Renewal Holdings, the special purpose vehicle (SPV) that holds the resort, has “not thrown anyone to the wolves”, Mr Scott said the resort’s board and management had provided staff with

OBIE FERGUSON

all outstanding vacation pay and monies due from the hotel’s emergency welfare fund to help them ride out the virus-enforced lockdown. When those monies were exhausted, he added that the Grand Lucayan sought to further aid staff by “walking them through” the process of applying for National Insurance Board (NIB)

unemployment benefits. The workers now complaining of not being paid for months, Mr Scott said, were those who had refused to go through the NIB application process. He also revealed that the Grand Lucayan is in the process of calculating full termination pay and benefits due to all remaining

MORE major Bahamian resort properties yesterday unveiled a variety of opening dates, with several pledging an instant relaunch while others have elected to wait until almost year-end. SuperClubs Breezes, the Cable Beach-based all-inclusive, and Comfort Suites located on Paradise Island will both re-open on July 1 to coincide with the Bahamian tourism industry’s full restart and the relaxation of border restrictions. However, the near-term outlook was gloomier for San Salvador residents. Darrin Woods, the Bahamas Hotel, Catering and Allied Workers Union’s (BHCAWU) president, confirmed to Tribune Business that Club Med representatives had informed him that their Columbus Isle

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• Breezes, Comfort Suites to reopen July 1 • But no Club Med return till December 12 • Union chief: Critical mass key to revival

SUPERCLUBS BREEZES property will not re-open until December 12 this year. Meanwhile, John Issa, Breezes Bahamas’ chairman, said in a statement that the resort had worked to “redefine the customer experience” based on the new COVID-19 health

protocols as it prepares to re-open to guests on July 1 with the return of commercial airlift. The resort acknowledged that initial occupancies and business volumes will likely be low, so not all staff will initially be recalled to work

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

- something that is likely to occur across the Bahamian tourism and resort industry until bookings start to ramp up. “To ensure the safety of both guests and team members, Breezes has redefined the customer experience based on these new protocols. This plan complements the measures that will be carried out under the Ministry of Tourism’s Clean and Pristine guidelines,” said Mr Issa in reference to the COVID-19 health protocols. The all-inclusive resort added that safety screens have been placed at its front desk, while decals mark the lobby floor to ensure safe distancing. The main dining

employees in anticipation of the resort’s purchase by the ITM Group/Royal Caribbean joint venture, Holistica, “closing within the next month”. Mr Scott confirmed that the government, meaning the Bahamian taxpayer, will assume financial responsibility for fulfilling this obligation to the staff. Adding that “we’re close to getting this concluded”, the QC said there was “no point” in extending the deal’s closing any further, and the government was now “pushing” Holistica to complete the deal for Freeport Harbour’s cruise port expansion with Hutchison Whampoa. He hit out after Obie Ferguson, the Bahamas Hotel Managerial Association’s

Bahamian resorts give mixed relaunch dates By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

Web shop taxes set to generate 43.5% increase THE government is betting that the “full effect” of the revised web shop gaming tax structure will generate a 43.5 percent year-over-year increase in the upcoming fiscal year, a top official said yesterday. Marlon Johnson, the Ministry of Finance’s acting financial secretary, told Tribune Business it is projecting that the first full year of the two-tier operator taxation structure will produce one of the few revenue gains in the 2020-2021 budget. “This will be the first full year that the new taxation regime will be in effect,” he said of the ministry’s rationale for the revenue rise. “That’s what speaks to the increase and factored into the trajectory. There are a few other areas with increases, but that’s the most significant one. “We anticipate, as with everything else, that there might be less gaming, but with the taxes in full effect that will create the bump up in projections.” The government is projecting that taxes paid by web shop operators in the 12 months to endJune 2021 will rise by 43.5 percent compared to the 2019-2020 projections, jumping to $23.1m compared to $16.093m. The projected $7m increase also comes after web shop gaming taxes collected during the first nine months of the 2019-2020 fiscal year exceeded the latter figure, which was for the full year. The 2020-2021 budget projections still represent a 25 percent rise on the $18.483m collected during the nine months to end-March 2020. Mr Johnson added that the budget estimates did not include the taxation on patron winnings, and only reflected what is being imposed on operators. All licensed gaming operators pay 15 percent on their first $0 to $24m of revenue, and operators earning anything greater than $24m will pay 17.5 percent on sums above that threshold. Tribune Business reported in early March 2020, just before the COVID-19 lockdown, that the government

• Chair: Refused to co-operate on NIB benefits • Union claims resort ‘cherry picking’ who paid • Aim to complete Holistica deal ‘within month’

MICHAEL SCOTT QC

$3.23

‘Too early’ to decide new/increased taxes

By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

THE deputy prime minister has reiterated that “it’s too early” to determine if new and/or increased taxes will be needed for The Bahamas to escape the fiscal hole created by COVID-19 and Hurricane Dorian. K Peter Turnquest, pictured, in a recent interview with Tribune Business, expressed his faith in the economy’s ability to “bounce back relatively quickly” from the multibillion dollar shocks created by two crisis that occurred just seven months apart. He declined to respond when asked whether The Bahamas’ debt burden, projected to bypass the $10bn mark in the 2021-2022 fiscal year, was reaching levels where it becomes an unsustainable burden on Bahamian taxpayers, saying: “I’m not going to even entertain that conversation because the basic assumption is that we will have a relatively quick recovery. “We have to believe that the economy is going

• DPM places faith in growth-led recovery • ‘Unknowns’ put budget focus on 12 months • Pension liabilities ‘significant exposure’

to come back relatively quickly. The previous experience with pandemics is a V-shaped recovery. In our circumstance, it may end up being a bit more of a ‘U’, but hopefully it will be a short ‘U’ and we will get back to the other side relatively quickly.” Many observers believe that The Bahamas will have to generate explosive economic growth if it is to avoid further austerity measures to right its fiscal course, something it has conspicuously failed to do over the

past decade when the average annual gross domestic product (GDP) growth figure was below 1 percent. “It’s too early to talk about this kind of thing,” Mr Turnquest replied, when asked whether new and/ or increased taxes will be inevitable as a result of the projected $1.3bn fiscal deficit for the 2020-2021 budget year. “We anticipate there’s going to be a strong recovery in the economy based upon pent-up demand for near shore vacations. “We also believe the

cruise industry will come back to some degree, and that will help to advance the growth to bring us back around. These industries are resilient and will bounce back relatively quickly, together with all the initiatives we have taken to shore-up small and medium-sized enterprises.” Mr Turnquest acknowledged that the government’s unfunded civil service pension liabilities, estimated by some to stand at $2bn now, represent “a significant exposure” that is being assessed both within the administration and external consultants. He added that the budget had focused on a 12-month timeframe because “there isn’t a hell of a lot of data to rely upon” in projecting economic forecasts during health pandemics such as COVID-19. “Forecasting is not as certain as we’ve had in past experiences because of the large unknowns,” Mr

Turnquest said. “Nobody can really predict how consumer demand will react.....” The 2020-2021 budget projections confirmed that the scars and impact of COVD-19 will continue to impact both the economy and the government’s fiscal position for many years to come. For the government is currently forecast to run an $813.4m deficit, measuring by how much its spending exceeds its revenue, in the subsequent 2021-2022 budget year. If that comes true, it will be the second highest deficit in Bahamian history behind this year’s $1.327bn, and even higher than the $773.7m worth of “red ink” that will be incurred in the present 2019-2020 period. This “unprecedented” deficit and borrowing, combined with those two years, means The Bahamas will have added more than $2.9bn to its national debt within a three-year span. And, according to the budget projections, will take the government’s direct

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06172020 BUSINESS by tribune242 - Issuu