TEATT Minister Roger Lawrence.
~ TEATT assessing options as Shareholder rep. ~
PHILIPSBURG–Dismissed Chief Operations Officer (COO) of Princess Juliana International Airport (PJIA) Michel Hyman has turned to the court to challenge his dismissal.
Minister of Tourism, Economic Affairs, Transport and Telecommunication (TEATT) Roger Lawrence told Members of Parliament (MPs) during an urgent meeting on Friday that he was unable to share too many details of the matter as a result. He is however, willing to divulge certain information such as the grounds on which Hyman was dismissed in a closed door and confidential setting as he said the case will go before a judge “and in this stage, can lead to liability issues.”
“As we all know the airport is of national interest to country St. Maarten and its economy and as the representative within the Council of Ministers. I take this job very seriously,” Lawrence told MPs.
“Please note at this point in time I can share only what is legally possible as it was made known to us on Sunday, March 27, that the dismissed COO, through his legal counsel, filed an objection letter to his dismissal, so in the best interest of all parties we are limited as it relates to certain details that can be shared.”
Lawrence’s cabinet is currently reviewing the documentation received from PJIA’s Holding Company [PJIAH – Ed.] on March 17, and additional documentation received on March 27, and March 31. “Simultaneously, we are assessing all possible options for course of action as Shareholder representative of PJIAH,” the minister indicated. “Corporate lawyers are engaged to assist and advise us on possible next steps to be taken. We expect this to be finalised this month.”
He said the Ministry will have to safeguard the airport from potential claims. “Consequently, case specific information cannot be shared at this moment as this potentially hurts the position of the company. We therefore are bound and limited in the way we can share further information on the matter.”
Lawrence is cognisant that the situation with the dismissed COO has polarised the country and has had persons asking “where we are going and what we are doing, but I can say here today that it has my utmost attention and priority.
“My ultimate and primary goal is to ensure the full restoration of the airport and all aspects including all the staff of the airport, but we need an understanding of the full intricacies and if there were mishandlings along the way, we need to hold persons accountable for their actions. It needs to be addressed and spoken about through the proper dialogue and framework. No longer can we just ignore it. Matters need to be brought to the forefront as we are doing now,” Lawrence made clear.
In giving a chronological insight into the matter, Lawrence said PJIAH informed government of its December 10, 2021, letter sent to Hyman informing him of an Extraordinary General Shareholders Meeting (EGSM) to be held on December 23, 2021, with the sole agenda point of the dismissal of the COO. On March 17, 2022, PJIAH informed government of the dismissal and provided documents and information requested by the minister’s cabinet since December 2021. “It is worthwhile to note that in this timespan of approximately three months, 11 letters were exchanged between my cabinet and PJIAH company. In five letters that were sent to PJIAH…all documentation as it related to the Hyman case was requested. The majority of the information requested was received after the dismissal of March 14,” Lawrence said. “We are therefore still reviewing the documentation received, as well as the course of events that led to this dismissal.”
Correspondences
On December 16 and 23, the Ministry of TEATT sent several letters to PJIAH regarding the Extraordinary General Shareholders Meeting with the dismissal of Hyman being the sole agenda point.
On December 23, PJIAH adjourned the EGSM to December 28. On December 28, the initial October 29, suspension of the COO was extended by two additional months. “It is good to note that prior to this, various communication, virtual and by letters were conducted. Our correspondence to the holding board based on information that was provided on December 15, that we as COM [Council of Ministers] could not clearly substantiate why the dismissal was warranted. It should also be noted that the holding board also decided on December 28, to extend the suspension based on the fact that they needed more time to assess the dismissal procedure that they initially felt was warranted based on the information received by the supervisory board of the operating company PJIAE,” the minister said. “At this point, we were advised that a forensic expert is engaged by PJIAH to look into the process of the recommendation to propose the dismissal of the COO.”
On February 3, 2022, a new letter requesting clarification was sent by the Ministry of TEATT to PJIAH. On February 25, PJIAH informed government of another EGSM set for March 14, to dismiss the COO.
On March 7, TEATT sent another letter to PJIAH advising to postpone the March 14, EGSM due to pending information and documentation requested by government.
On March 12, a response letter was provided by the airport Holding’s new managing director, which Lawrence said, “left many questions unanswered” and requested documentation still pending.
On March 14, Hyman was dismissed by PJIAH on recommendation of PJIA Operating Company PJIAE Supervisory Board, which Lawrence said was unexpected.
On March 15, TEATT sent a new letter to PJIAH highlighting its failure in communicating the decision to dismiss Hyman. On March 17, most of the requested information and documentation pending from December, were received by government, along with an apology for not informing government on the matter.
On March 22, an urgent Extraordinary General Shareholder Meeting was held of the holding company. Lawrence reiterated his disappointment in PJIA’s handling of this matter. “We are currently taking action which is work in progress. We expect to finalise the next steps this month. As we are reviewing all documentation, a root cause analysis is part of the review,” Lawrence indicated.
Source: The Daily Herald https://www.thedailyherald.sx/islands/michel-hyman-turns-to-court-to-challenge-dismissal-from-pjia
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