Michel Carty wins battle in court against Insel Air
GREAT BAY – Michel Carty was all smiles when he left the courthouse yesterday morning, after Judge J. Sap had ruled in his favor in a labor dispute with InselAir. The court ordered the airline to continue paying Carty’s salary from February of this year until the labor contract has ended legally and to pay 2,100 guilders for the costs of the procedure.
Carty started working for InselAir per August 1, 2007 as a flight attendant. On March 7, 2013, he reported sick because he suffered from colon cancer. From that moment on until October 26, 2015, Carty was out sick on and off but he continued to work as a flight attendant.
On March 7, 2015, the Social Insurance Bank (SVB) stopped paying the sickness compensation for Carty to his employer.
On October 26, 2015, Carty was found to be permanently unable to work as a flight attendant by the company doctor. In a letter to InselAir however, the doctor indicated that Carty would be able to do other work on the ground.
In November InselAir sent out an internal message asking if there was any other position available for its employee. The responses came back negative.
On December 8, 2015, InselAir introduced a vacancy stop due to disappointing business results and the decreased number of flights to Venezuela.
On January 29 of this year, InselAir offered Carty an agreement that would terminate his employment per June 30 of this year; Carty refused and InselAir stopped paying his salary per February 1.
The court ruled that InselAir had not behaved as a good employer, especially because Carty had indicated that he was willing to move back from St. Maarten to Curaçao for his job. “The circumstance that Carty currently is not working just can be seen as a hindrance that comes for the account of the employer,” the court ruled.
Source: 721news (Sint Maarten)