AG Office Issues Statement on Nolle for Sandals Managers

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1984

STATEMENT BY THE OFFICE OF THE ATTORNEY GENERAL RELATING TO THE NOLLE PROSEQUI OF THE PRIVATE PROSECUTION AGAINST SANDALS MANAGERS

Madam Attorney General Sen. Hon. Allyson Mynard-Gibson QC
Madam Attorney General Sen. Hon. Allyson Mynard-Gibson QC

FOR IMMEDIATE RELEASE
22nd September 2016

The Office of the Attorney General wishes to clarify certain matters having regard to misinformation being disseminated in relation to Nolle Prosequi of the private prosecution against certain Sandals’ managers.

The Nolle Prosequi became effective when it was entered in the Magistrates Court by the Office of the Attorney General on 19th September 2016.

Civil proceedings are continuing in the Supreme Court between the Bahamas Hotel Maintenance and Allied Workers Union (“the Union”) and Sandals in relation to the continued existence of the Union and whether Sandals should be obliged, in the circumstances, to negotiate with the Union. Another action is before the Supreme Court on the matter of whether the Sandals employees were unfairly dismissed. The Union, not the State, also commenced in the Magistrate’s Court, a private prosecution against some of Sandals’ managers. Persons are being held accountable through the legal process in the Supreme Court, where appropriate sanctions are available.

One of the objectives being pursued by the Government in meetings with Mr. Obie Ferguson and other trade unionists was the attempt to encourage Sandals to negotiate an industrial agreement notwithstanding the Supreme Court action. The entering of the said Nolle Prosequi does not prevent nor does it compromise further meetings and continued efforts of the Minister of Labour, or anyone else in the Government, in relation to this goal and a successful outcome.

The Attorney-General in the execution of her constitutional duty is never swayed by the political objectives of her colleagues or anyone else.