FRIDAY, SEPTEMBER 16, 2016
business@tribunemedia.net
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Blackbeard’s developer in ‘court abuse’ claim By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
Smith: ‘High probability’ all ex-workers made whole
Allege Blue Illusions ‘re-litigating’ shut down verdict
‘Noise in marketplace’ to cease once payments start
$12m project open over two years after permit quash
filing the separate action. He suggested that the Government had “collaborated” with the developer, headed by businessman Samir Andrawos, See pg b4
By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net
An Aerial view of Blackbeard’s Cay.
BREA chief supports Bahamian ‘hacker’ could Quieting Act reform have cost music artist $6m By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The Bahamas Real Estate Association’s (BREA) president yesterday backed calls for this nation to both establish a Land Registry and reform the Quieting Titles Act to prevent widespread real estate fraud/ theft. Carla Sweeting told Tribune Business that while the Quieting Titles Act did serve a legitimate purpose, it was too open for abuse by unscrupulous land speculators and their attorneys. “I’m sure we would,” Mrs Sweeting said, when asked whether BREA and its members would back efforts to reform the Act and other elements of the Bahamas’ land system. “The Quieting Titles Act, I think, has a purpose
Agrees law open to ‘abuse’, needs ‘fixing’ Also calls for transition to Land Registry Otherwise Bahamas will be ‘going backwards’ but it definitely needs to be looked at because it’s being abused.... While there are legal reasons for it, people are exploiting it. It needs to be amended to qualify persons for Quieting. The Quieting Titles Act was passed in 1959 to cure See pg b5
New Sandals staff ‘too scared’ to join trade union By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A former hotel union leadership contender believes re-hired Sandals Royal Bahamian staff will be too scared to join a trade union, and described August’s 592-strong termination as “clearly union busting”. Dave Beckford told Tribune Business that while Sandals had every right to close the Cable Beach property down in order to improve the guest experience, its former staff were also entitled to have received notice of the terminations. And he suggested that the summer’s events would intimidate workers from joining a trade union, while making it difficult for the Bahamas Hotel, Maintenance and Allied Workers Union (BHMAWU) to regain the membership level needed to maintain its ‘bargaining agent’ status. “I support Mr Obie Ferguson 100 per cent,” Mr Beckford said of the Trades Union Congress (TUC) president, and the BHMAWU’s main sponsor. “I hope all those workers terminated are reinstated to their previous positions. “I think it was clearly union busting, and disrespectful to workers, the union and the Government. The employer has the right to renovate his hotel, but if you’re going to renovate for just two-three months, why terminate the workers?
Ex-leader contender says ‘clearly union busting’ Feels union’s ‘bargaining agent’ status threatened You’re going to need them again.” Mr Beckford reiterated his opinion that Sandals’ actions were “clearly union busting”, given that within two-three weeks of the terminations that resort chain staged a job fair where it invited new recruits to interview for positions at Royal Bahamian once it reopened. Many in the private sector, though, are arguing that Sandals was well within its legal rights to terminate its workforce, paying them what was due under the Employment Act, and then seek out new workers who could improve the guest experience, service and productivity. And the all-inclusive chain added that the extent, and nature, of the renovation work required at Royal Bahamian would have made it impossible for it to provide the expected guest experience amid a construction site. However, others believe that Sandals also used the renovations as a way to See pg b3
Baha Mar staff told: ‘Take it or leave it’ No room for negotiation over payout sums
Environmental activists seek to ‘intervene’
Environmental activists have accused the $12 million Blackbeard’s Cay developer of “an abuse of court” by initiating a separate legal action to block the Supreme Court verdict requiring the project’s closure. reEarth and its attorneys, Callenders & Co, on Wednesday sought the Supreme Court’s permission to “intervene” in the case brought by the developer, Blue Illusions, which in April obtained an injunction barring enforcement of the group’s earlier Judicial Review win. Fred Smith QC, reEarth’s attorney, yesterday accused Blue Illusions and its advisers of doing an “end run around” his client’s Judicial Review victory by
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By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net A Bahamian ‘celebrity hacker’ could have cost an international pop artist $6 million in lost sales had he made good on threats to reveal half the songs on their new album prior to its release. US government attorneys are arguing that magnitude of this potential loss means that existing sentencing guidelines “do not accurately capture the gravity” of the offences committed by Grand Bahama native, Alonzo Knowles. Mr Knowles, who in May pleaded guilty to electronically hacking more than 100 global celebrities, and stealing unreleased movie and TV scripts, social security numbers and private sex videos, is due to be sentenced on September 30, 2016. And the US district attorney for southern New York is pushing for a 2733 month prison term for Mr Knowles, a duration above the range suggested by advisory guidelines, because “a substantial term of imprisonment is
If GB native had dropped half album pre-release More time for ‘gravity’ of Alonzo Knowles offences Wants to risk more jail time for future profits justified to reflect the seriousness of the offense, promote respect for the law, and provide deterrence for this defendant”. Court documents obtained by Tribune Business allege that normal US sentencing guidelines for copyright infringements are not adequate in Mr Knowles’ case. “The criminal copyright infringement offense in count one of the indictment does not accurately capture the gravity of the unique circumstances of this case,” the US attorney’s ofSee pg b4
Baha Mar’s 2,000-plus former employees have been bluntly informed that their end-September payouts will be made on a “take it or leave it basis”, with little room for them to dispute the compensation offered. The five-person creditor payout committee confirmed this hardline stance in a new ‘frequently asked questions’ posting to its website, which said it “intended” to ensure “all amounts” due James Smith to former Baha Mar staff were paid. The committee’s latest posting said the sums that will be offered, and paid, to ex-Baha Mar staff at month’s end will be based on the amounts shown as owing to them by their employment records up to end-October 2015. “The committee’s intention is to ensure that all amounts due to employees will be paid,” its ‘frequently asked question’ posting said. “We will certainly consider correcting the settlement sum offered to you if there has been a mistake. However, please do note that while we are happy to discuss your case, you have no legal entitlement to any funds that the committee is administering, and the offer that will be made to you is on a ‘take it or leave it’ basis.” This leaves former Baha Mar staff with little doubt as to where they stand See pg b2