Friday, February 12, 2010

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Judge: Court not interfering By ARTESIA DAVIS ~ Guardian Senior Reporter ~ artesia@nasguard.com: The appeal court judge who stayed a lower court's decision regarding the Bahamas Hotel Catering and Allied Workers Union dispute sought yesterday to set the record straight concerning his ruling. Sir George Newman decided to make a statement because of commentary about his decision that had been published in the newspapers and elsewhere in the media. Sir George said there is no truth to the perception that the Court of Appeal is interfering in the affairs of the hotel union. He also made it clear that the court had not ruled in connection with the elections. Sir George said the court was deeply sensitive to the case and saw the need for a speedy resolution to the dispute. He also said the court has been specially convened to hear the appeal next Tuesday. Court President Dame Joan Sawyer and Sir George will hear the appeal with another judge. Earlier this week, Sir George ordered a stay of Justice Neville Adderley's decision that resulted in new union elections last September. Nicole Martin, the first woman to head the union, was elected as the union's leader once again. Sir George said, "Let me also emphasize: So that this matter can remain quietly and without unrest and without misunderstanding and without inflammatory statements, let it remain clear that the Court has not ruled in connection with elections. What this court has done is endeavor to hold a position in which the union can, after the court has ruled as to any relevant legalities, itself determine, by its governing body, the executive council, what it is that it is going to do in light of the legal conclusions to which this court comes." Sir George said he understood why members might feel that the court is interfering with their affairs. He added that counsel and legal advisers had a principal responsibility to ensure that the union and its members understood what the court had said and done involving the dispute which was brought by the union and its members. Sir George said, "They might be at loggerheads, but the court does not intervene unless somebody comes before it and brings an issue for resolution by the court. Once the issue is before the court, it has got to be resolved in accordance with the court's duty to determine such legal issues as arise in connection with it." Saturday, January 9, 2010