Simons: Consider A Lien Against Owners’ Assets

November 27, 2020

“We support the Government’s indication that it would not rule out pursuing collection through the courts,” OBA Leader Cole Simons said, adding they they also “take the view that a lien could be considered against the hotel owners’ assets until the $11 million payment is recovered.”

This follows after the Government previously confirmed that they will step in to assist Fairmont Southampton workers who are waiting for their redundancy payments from the company, making “loans to employees equal to amounts due to them in redundancy, which will require repayment once sums are paid by Gencom.” The redundancy loan payments cost a total of $11 million for 714 positions.

Mr Simons said, “We appreciate the fact that the Government has provided support for the Fairmont Southampton employees, providing redundancy payments for 750 employees, but we find the details provided thus far to be very negligent.

“To date, the government has received no written agreement from Gencom Ltd. to confirm that they, as the hotel owner, will reimburse the Government of Bermuda for meeting [Gencom’s] legal obligation to the Fairmont Southampton employees for the redundancy payments as prescribed under the Employment Act 2000.

“We encourage the government to make every effort to secure the people of Bermuda’s interests in regard to this $11,000,000 ex-gratia payment.

“We support the Government’s indication that it would not rule out pursuing collection through the courts.

“In addition, we take the view that a lien could be considered against the hotel owners’ assets until the $11 million payment is recovered by the Government of Bermuda for the benefit of the people of Bermuda.”

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Comments (8)

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  1. Blakey says:

    Man I thought I was good!

  2. wahoo says:

    no agreement in place? What do you expect from a government who has a dj as a legal consultant? I cannot believe that Dickinson would be this reckless with our money so I have to ask who is the real minister of finance?

    • Cotton Wool Brigade says:

      Bet you wish you hadn’t spent all your pennies on loo roll?!
      On a serious note, you’re right. We’ve been royally screwed over and no one seems to care. Sad, isn’t it?

      • wahoo says:

        What is worse I don’t think enough people understand what it is all about and that is why we keep being duped. Docks went on strike before I could get 2-ply.

  3. Ringmaster says:

    At least the Government has the assets of Carolina Bay to support the %175m. The PLP just gives tax payers money away without any collateral. %800,000 here, $11mn there and that’s just what is public. It will cost more to try and get the money back, but no problem as the lawyers will be F & F.

  4. Bermudian says:

    Wow! I commend the govt for stepping in but what!? How is there no pay back contract?

  5. Really says:

    FinMin needs to resign. This would never happen in the private sector. Taxpayers will never see that money returned. Can someone forgive my land tax and payroll tax too…………..

  6. Joe Bloggs says:

    “a lien could be considered against the hotel owners’ assets until the $11 million payment is recovered.”

    On what legal basis can a lien be asserted please Mr. Simons?