Former Horizon employee seeks enforcement of judgment
A former employee of Horizon Communications has filed papers with the Supreme Court for enforcement of a tribunal judgment on the company to pay outstanding wages.
Ross Barkwell was terminated from Horizon, which has been in receivership since January 5. It ceased operations on June 26.
He hopes to recover $65,635 in outstanding severance pay, holiday pay and early termination fees.
An initial Employment and Labour Relations Tribunal hearing was held in June. It was attended by the Teneo, the receiver, and a legal counsel.
During that hearing, Teneo said that funds available were not sufficient to pay and that the company was yet to be wound up.
Mr Barkwell, who held the executive position of chief of business development at Horizon, told The Royal Gazette: “The tribunal ordered Horizon Communications to pay all outstanding severance pay, holiday pay and early-termination fees.
“Horizon did not file a defence, and the receiver claimed there was no money, although the company was yet to be wound up.
“As a result, I filed papers against Horizon in the Supreme Court in September to have the tribunal judgment enforced. Horizon was served with Supreme Court documents but did not file a defence.
“I’m now considering my next steps through the Supreme Court.”
Horizon Communications staff were laid off on January 12 after the company ran into financial trouble as a result of being unable to secure funding from the lender — the Bermuda Investment Fund, managed by Fortress Investment Group.
The fund was the idea of a few key senior executives of Bermuda’s reinsurance industry. Its concept was presented to the Progressive Labour Party government after it took office, and an agreement was reached that granted the Government a seat on the board.
Horizon’s former chief executive said in May that secured creditors, such as the lender, were paid first and if there was surplus funds after those payments, they would be available to unsecured creditors, such as the employees.
The tribunal judgment said that the tribunal’s case management powers are “limited”, but added: “The tribunal is satisfied that steps were taken to notify the respondent of the preliminary hearing.
“The tribunal is also satisfied that steps were taken by the claimant to notify the respondent of his claim for unpaid wages.
“In default of submitting its answer to the claimant’s claim, judgment is awarded against the respondent in the amount of $65,635.
“The claimant may seek to enforce this judgment in the Supreme Court as a civil debt in accordance with section 44C (2) of the Employment Act 2000.”
Mr Barkwell has now left the island along with his wife, who he said was forced to take early retirement in order to relocate.
He said the events had “deeply affected” their lives.
