Attorney Cindy Marica
PHILIPSBURG, Sint Maarten — This case is one of the many cases where decisions to dismiss someone are taken too lightly. We at 721 news have been following a lot of these labor matters lately. Mr. Alberts (senior policy advisor) was sent home by the SER because he was so called suspended.
No decree confirming his suspension was ever issued to him. He then was honorably dismissed in August without due process as every civil servant has the right to, he was never even heard before the dismissal.
His lawyer Cindy Marica appealed the dismissal decision and requested the Governor to reconsider his decision because the decision was not taken with due consideration of the applicable laws and procedures for dismissal.
In addition he submitted a petition requesting the Court to suspend the dismissal or its consequences which request was handled a few weeks ago. The Court in its ruling of December 9th honored his request and ruled in short:
Instead of being dismissed (without any formal “warning” that he was considered for dismissal or without a proper hearing), Mr. Alberts should have been offered another suitable position within government.
It became clear during the hearing that Mr. Alberts was falsely accused of insulting remarks towards the people of Sint Maarten and the Prime Minister. Mr. Alberts never insulted anyone, which was made clear in the case. SER could not indicate or prove exactly how Mr. Alberts made insulting remarks. In the meantime his salary payments should be continued.
The Governor was condemned to pay Alberts his legal fees.
Mr. Alberts hopes that the Governor/current Government will indeed allow him to continue to render his services to Government and the people of Sint Maarten. He is very happy that his name has been cleared somewhat with the judgment.
He never insulted anyone and always enjoyed working for the SER and Country Sint Maarten in general and has been (and still is) willing to settle this matter.
SER could not prove in Court any wrongdoing on Alberts’ part that justifies his dismissal.
