Judge grants injunction against Clear Harbor

Clear Harbor operated from the Stanford Building next to the Robert L. Bradshaw International Airport in St. Kitts. Photo credit: Erasmus Williams

BASSETERRE, ST. KITTS- High Court Judge His Lordship Mr. Justice Errol Thomas has granted an Injunction against a US-based internet cable company following its dismissal without warning of 131 workers last week.

Clear Harbour (Nevis) Ltd and several persons and financial institutions have been restrained from disposing, transferring, charging, dissipating, or diminishing or in any way howsoever dealing with any assets held in the names of the persons named in the Injunction.

An affidavit  filed by Labour Commissioner Mr. Spencer Amory claims that Clear Harbor Nevis Limited closed its operations terminating the employment of all its employees.

“Since the sudden closure on 30th March 2011, I have had several meetings with the employees of Clear Harbour and representatives of Clear Harbor; I have had discussions with several employees 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,” said Mr. Amory.

He said that he has been informed by the Social Security Board and verily believe the same to be true that on or around the 31st March 2011, Clear Harbor Nevis Limited paid some monies to satisfy its various obligations for Social Security and Employment benefits and that since the said payments there is still an outstanding balance of EC$2,192.15 for Severance Payments and EC$12,742.44 for Housing Levy.

“I am also informed by the Electricity Department of St. Kitts and verily believe the same to be true that Clear Harbor owes the amount of EC $344,175.20 for electricity and EC$15,876.80 for water for the period November 2009 to March 2011,” said the Labour Commisioner.

He also claims that Clear Harbor owes taxes to the Inland Revenue Department under the Income Tax Act.

Mr. Amory claims that at a meeting with officers from the Social Security Board with Messrs. Carlo Neil and Greg Payne, Attorney and Finance Manager for Clear Harbor respectively, both declined to give an undertaking that Clear Harbor will meet its financial obligations prior to leaving the Federation.

“In light of the foregoing, it is my belief that, unless restrained, the 1st 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.

Deputy Prime Minister and Minister of Labour, Hon. Sam Condor last week described the move by Clear Harbour (Nevis) Ltd to terminate the jobs of the employees as “callous, unprofessional and disrespectful” and closure its  operations in minutes constitutes a clear breach”  of the Protection of Employment Act and subsidiary legislation,” Condor told the St. Kitts and Nevis National Assembly.

He said then that “every legal option would be also explored in an effort to ensure that this matter is justly dealt with.”

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22 Comments

  1. kittian 2 de bone!!!
    April 20, 2011

    To Avril K
    Pls talk facts, tell the people that u were one of the persons sent to st kitts to close up shop, (ell the ppl how wicked and heartless u acted to towards the workers on March 30th. Tell the ppl how u told one employee when she came to u to collect her final payslip that u told her ” what is she coming for, we don’t have any money for u because u don’t qualify” why don’t u tell your dominican friends about dat! Huh! Karma is a bitch ok… And u dominicans are going to get it and the kittian ppl won’t feel any bit of sympathy for u! None at all. Not after the way, u Avril, konda and Fidel treated us! I blame the 3 of u but u will feel it worst than us when the time comes!

  2. Reality
    April 11, 2011

    I love your negativity cuz it’s only a matter of time. It’s a good thing we kit titian can survive without Clear harBor I don’t think you dominicans can. Call centers are such a vulnerable business and thats all Dominicans have going for them. Ask ur people who visited here when they came they felt they were in New York. Y’all have resources ain know damn well what to do with it. So hey think twice, kittitians are very versatile ‘ talented.

  3. Peace and Love
    April 5, 2011

    The Caribbean or OECS media should do some more thorough investigative work on this situation so that a fairer and more balanced picture is given to readers, whose comments can then be more mature instead of the respective islanders making negative and unproductive comments. Some questions that need truthful answers:

    Was the St Kitts government aware of the amounts due to the electricity and water companies by CH? Did CH approach the St Kitts cabinet for concessions, including the utilities outstanding? What happened to the other call centres operating in St. Kitts? Did any other call center in St. Kitts receive concessions? If so, how much? etc., etc.

  4. avril k
    April 5, 2011

    ch just rape and pillage all they can and think they can get away with it, well done Judge now do the same in dom

  5. What a thing
    April 5, 2011

    you talk about the people wasnt performing, and how Dominicans have good work ethic. Who do you think they had employed up in St.Kitts, they had a of Dominicans up there, at the end of the day, that is what these off shore companies do, they come make promises an then move out.

  6. LA
    April 5, 2011

    why would people wanna work there most be payin gud in d/ca but dont go up in the US and tell peps you work at that place doe

  7. ethic
    April 5, 2011

    St Kitts, Grenada and Dominica, The only reason Clear Harbor goes in these countries to setup their business is because they can take advantage of the people there. Clear Harbor Know they can work the skin off their bone for nothing? That company doesn’t have good business practice, and they are preying on those weak governments in these three countries. Just like other American companies are taking advantage of Philippians people, Brazilian and Foxcon, the company that makes the iphone in china. If Clear Harbor did have good business ethic for the people, they would not closed down and put over a hundred people out of bread & butter (1) fired the unperformed lazy workers (2) bring in news workers. Clear Harbor has no good principle for the hard working people; this is one of the reasons Barbados, SVG, St Lucia and Trinidad government turn them down. Before anyone can blog and be ignorant, find out first how they cheat there workers in the United States, every one of them have a benefit package, and what Clear Harbor will give to you Caribbean people an unnoticed packages and leaved you unemployed.

  8. Aaaaa
    April 4, 2011

    What they need to do is file a complaint with the department that supervises companies in Atlanta Georgia and call the IRS. If they haven’t paid these utilities they maybe writing off to recieve whatever deductions for operation.

  9. james rahpael
    April 4, 2011

    If this happened in St.kitts it can happen anywhere. This is how these people operate. similar companies have done the same in DA. They owe so much and I hear the PM told them to establish more jobs. Well they need a loan from you PM to pay off all those debt and follow your wishes. Are you prepared to grant them at least a $3mn loan?

  10. Science is King
    April 4, 2011

    Clear Harbor in St Kitts was closed down due to slack work ethic and poor management, though they way the entire thing was done was wrong it is only fair that you understand the type of work that these people do, would you take the risk of sending these people back to deal with customers over the phone armed with the knowledge that they will soon be unemployed ???….Furthermore the reason Dominica has NOTHING to fear is the simple fact that Dominica is the most productive of all their sites, Clear harbor is so pleased with Dominica and Dominicans they they have actually opened up a new site just last month to employ MORE people

    • charmed
      April 5, 2011

      grenada is the leading site.

      do not tell lies !!!!!! and Dominica was threatened as well if they do not improve on their services

      they gave a written letter

  11. no fear
    April 4, 2011

    dca has nothing to fear.. unlike the others.. we have out faults and we may complain but we are hard working ppl. them ppl up there wanted to do what they want. they were gettign thier holidays of whereas we not gettign ours off, but we coming. on a simple sunday only 5 ppl showing up for work up there?. they wasnt serious yet. Dca is the back bone… we dat run tings!!!

    • Reality
      April 11, 2011

      Five show up yes….say how much was scheduled. Talk facts don’t leave half out!

  12. locks
    April 4, 2011

    hmmmm those people dat workin here now watch out cause inside word clear habour dca is rocky but good luck

    • Observer
      April 4, 2011

      Nonsene…. Get your facts straight…. Clear Harbor is growing in Dominica and Grenada… The people in St.Kitts could not meet the requirements that the companies (Comcast) Clear Harbor represents were asking for. After they were continuously underperforming, they still wanted to be wrong and strong… Showing up for work when they wanted, taking any holiday they wanted off leaving all the strain on Dominica and Grenada to cover. The labour minister needs to train his people… they have a disgusting attitude and no work ethics… is best they go and sell coconut by the road side for tourist.

      • charmed
        April 5, 2011

        you know quit well it is rocky!!!!

        talk about the letter they sent you all….

      • Taliban
        April 11, 2011

        You seem to know alot about what happened in SK SK people have choices to select jobs but in Dominica apart from government there is no other work for us to do Its because of our low minimum wage why Clear Harbor wants to stay here. You bet they are robbing our government by not paying bills and taxes as well. The say when your neighor house on fire wet yours.

    • rebuke
      April 4, 2011

      i rebuke ur negative comment…in the NAME OF JESUS~!

  13. The truth
    April 4, 2011

    So the company just thought they could close up shop, sell all assets and completely liquidate the company, move back to mainland USA and leave the workers, water, electric companies amongst others in the red? I give the judge who out that affidavit through his respect.

  14. Paix Bouche
    April 4, 2011

    I hope justice comes speedily, Dominicans working at Clear Harbor, please be careful, if this has happened over there, it can happen here too. Clear Harbor has officially given themselves a bad rep.

  15. Mosquito
    April 4, 2011

    If I owe my utilities for 2 months they cut me off. They dont car if I have to move to riverbank, but they take their water. These people owe for water for over 2 y e a r s.

  16. Way Way
    April 4, 2011

    Dominicans at Clear Habour please look out

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