SXMElections.com

~ For unreasonable dismissal ~

PHILIPSBURG--The Court of First Instance on Wednesday ordered Country St. Maarten to pay NAf. 25,000 in indemnities to attorney-at-law Ellen Knoppel. The lawyer had filed a lawsuit against her former employer, because she contested her dismissal at the Ministry of Justice, which had caused loss of income.

On May 10, 2013, one week before then Justice Minister Roland Duncan was to leave office, he granted Knoppel a permanent labour agreement with the Justice Ministry. The incoming Wescot-Williams III cabinet, however, considered the contract invalid, arguing this was part of a so-called "farewell policy" and fired the attorney.

Knoppel went to Court in December 2014 and demanded an advance of NAf. 20,000 in damages for unlawful dismissal. In an injunction last Friday, the Court of First Instance decided not to grant the advance as it saw no reason to prejudge on Wednesday's ruling in the court case on the merits.

The lawyer, represented in this case by her colleague Rik Bergman, had based her claim on an interim-ruling by the Court of November 5, 2014, in which it was stated that her dismissal was unreasonable, as it had been insufficiently motivated.

Knoppel had also demanded to be reinstated in her job. However, during a previous hearing she had indicated she would only want to work with the Justice Ministry again "if a new wind would be blowing there."

According to the Court, the lawyer had said that under the current minister she did not deem restoration of employment "realistic" and "desirable."

Country St. Maarten, represented by attorney Richard Gibson Jr., had put Knoppel's service record into question and claimed that she could not have expected government employment until the pensionable age.

Government's claims that the permanent labour agreement had been invalid as it had been in violation of public order and good morals were rejected. This argument was accepted by the judge in the injunction. The presiding judge in the case on the merits, however, dismissed the claim as insufficiently substantiated and untimely filed in the legal proceedings.

The lawyer's damages included loss of income, plus remunerations, including vacation pay, health insurance premiums, pension payments and legal cost. Knoppel had pointed at her age and difficult position in the labour market and said she had virtually closed her legal practice. Her former employer had also failed to offer her a different suitable job.

Country St. Maarten had stated its former employee had painted an incorrect image of her situation, as she had continued practicing law and still continues to do so. She had only been employed with the Justice Ministry for less than three years and could therefore not have relied on continuation of her job. It was also stated that Knoppel had declined a different job in May 2013.

Government said the "unreasonable" claim for damages should be rejected or lowered as Knoppel was highly educated, vital and capable enough to run her law office and generate income.

The Court awarded damages, but also found the lawyer capable of generating sufficient income until she reaches the pensionable age.

Considering that Knoppel had also mentioned disturbed working relations, "in any case with the Minister of Justice," the Court said she could not have relied on continuation of her employment with the Ministry.

However, the reason that was mentioned for her dismissal was incorrect, the Court stated, because it appeared the Ministry had many reproaches against her. According to the Court, Knoppel was "forced to again redirect her working life otherwise," which should be compensated with NAf. 25,000 in damages.