Court rules against STKO committee members

July 31, 2011 5:26 PM

This morning, the judge ruled against the three committee members of the Aqualectra trade union STKO, who believed they had been wrongfully dismissed.

Former chairperson Osvaldo Emerenciana, Anthony Thomasa and Jolina Isebia-Hazel has instituted summary proceedings against the current (interim) committee of seven under leadership of Rudsel Pieter. The three believed that the meeting, in which the current committee had been chosen, was unlawful.

However, from the documents, the judge concluded this was not the case as the meeting had been convened according to the statutory regulations. The general meeting of STKO had lawfully dismissed Emerenciana & co. as committee member on June 16th, and Pieter & co. were lawfully appointed as committee members. The latter means that the actions performed by the new committee after June 16th are lawful.

Emerenciana & co. had wrongfully instituted summary proceedings under the name STKO. Therefore, STKO was not a legal party and cannot be condemned to pay the legal costs. Emerenciana & co. cannot be condemned to pay the legal costs either because they had not acted in person.

Emerenciana had been the chairperson of STKO for eighteen years. In 1993, together with several other members, he forced the then committee to step down on account of violating the articles of association. The current committee under leadership of Rudsel Pieter decided to dismiss Emerenciana out of dissatisfaction with his performance, such as unfinished annual accounts and peculiar investments and expenditures.

30 July 2011