02102017 business

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business@tribunemedia.net

FRIDAY, FEBRUARY 10, 2017

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Unions ‘must cease’ if insolvent, no returns By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

Edison Sumner

The private sector is demanding that labour laws be reformed so that Bahamian trade unions “cease to exist” if they fail to file annual returns, with their registration also cancelled if they become insolvent. The demands, designed to counter the labour-friendly reforms proposed to the Employment Act and Industrial Relations Act, also recommend that a mandatory obligation be placed on Bahamian trade unions to create ‘a redundancy fund’ for their members.

‘Hold Hutchison’s feet to the fire’, Govt told By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net Struggling retailers in the Port Lucaya area are demanding that the Government “hold Hutchison Whampoa’s feet to the fire” and claw back the 20-year extension of its tax breaks, should it fail to co-operate in solving Grand Bahama’s economic woes. David Fingland, proprietor of The Jewellery Box, which is set to close on April 1 after 25 years, told Tribune Business that the Christie administration needed to overcome its seeming “reluctance” to put pressure on the Grand Lucayan’s owner. “The Government need to hold Hutchison’s feet to the fire,” he said. “They’ve just given them an automatic 20-year extension under the Hawksbill Creek Agreement with no taxes. “They should tell them to get a new operator in there [the Grand Lucayan] and get this place going, or you’ll lose those tax concessions. The Government needs to hold their feet to the fire, but they seem re-

Claw back of 20-year tax breaks urged if no solution Struggling retailers call on conglomerate to ‘do deal’ PM confirms Wynn Group bid on hotel luctant to do that.” Mr Fingland’s comments were echoed by Christopher Paine, a retail tenant in the Grand Lucayan itself, who said it was “obvious” that a Grand Lucayan sale was the only way to revive Freeport’s fading resort and tourism product. “Myself, and I’m sure many other tenants in the area, be they hotel or Port Lucaya tenants, are hoping Hutchison will come to the table and do a deal,” Mr Paine told Tribune Business. “That’s obviously the thing that has to happen. We’ve already lost the winter tourism season, and See pg b6

Boat thefts decline 24% year-on-year By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

Boat thefts in the Bahamas dropped nearly 24 per cent year-over-year in 2016, according to police statistics, with the Association of Bahamas Marinas being credited for putting a “big dent” in the crime. Sergeant Darren Robinson, of the Royal Bahamas Police Force’s Marine Support Services, in a presentation to the Association of Bahamas Marinas yesterday said four vessels have been reported stolen so far this year. Two thefts occurred in Freeport, one in Abaco and one in Exuma. Three of those vessels have been recovered. Sergeant Robinson revealed that in 2016 some 74 vessels were reported stolen of which 35 - almost 50 per cent - were recovered. In 2015, there were 97 vessels reported stolen, and 48 recovered. “There is a decline in boat theft. Because of the marina operators distributing timely information on stolen boats, incidents are on the decline,” said Sergeant Robinson. He added that based on

Almost 50% of stolen vessels recovered in 2016 Thefts drop to 74, compared to 97 in 2015 Police reveal stealing trends communication with Jamaican law enforcement authoritied, a large number of vessels from the Bahamas are currently in their compound, having been seized and confiscated as a result of alleged drug running activities. “In 2015 we noticed a trend that a number of vessels we stopped, fishermen from Andros and other islands, said that persons from the US had asked them while out on the water if they wanted to trade boats,” said Sergeant Robinson. “We later found out that persons claim off their insurance in the United States and then try and come to the Bahamas to retrieve the boat. That has been happening.”

Edison Sumner, the Bahamas Chamber of Commerce and Employers Confederation’s (BCCEC) chief executive, set out the private sector’s position in a December 20, 2016, letter to the director of labour, calling for the recommendations to be discussed by the National Tripartite Council (NTC). The letter, sent to Robert Farquharson in his capacity as the Council’s chairman, called for the Industrial Relations Act to be changed so that trade unions that were insolvent, or failed to file their annual returns, ceased to exist under Bahamian statute law. See pg b4

The Bahamas’ second mobile operator yesterday received a “credibility” boost from regulators confirming it had met its first network roll-out targets, and disclosed it was ahead of schedule in bring service to Abaco, Grand Bahama and Eleuthera. Damian Blackburn, Aliv’s chief executive, told Tribune Business that the mobile provider had beaten the January 1, 2017 deadline, to bring its services to Abaco and Eleuthera. And it had also brought services to 99 per cent of Grand Bahama before the end-February target. Lauding the “world record pace” of Aliv’s roll-out, Mr Blackburn said the company now had 128 mobile phone towers that were fully operational across New Providence, Grand Bahama, Abaco and Eleuthera. Emphasising that Alive was not

Collapsed company suffers reversal in 13year BTC fight

Private sector pushes for tighter regulation, penalties

Appeal Court reverses change to Island Bell’s claim

Recommends unions create ‘redundancy fund’

Says BTC non-enforcement caused its failure

Opposes union due, worker contract reforms

Aliv ‘credibility’ boost as roll-out targets hit By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net

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URCA affirms first Nassau, GB goals achieved BTC rival ‘exceeds’ service quality on 230,000 tests Mobile provider now has 128 sites; applied for 75 more Regulator extends next milestones due to storm

pausing, he revealed that the provider had applied for permits to build a further 75 mobile phone towers within the last two weeks, as it moves to roll-out services to other Family Islands. Mr Blackburn said Exuma and its surrounding cays, Andros and See pg b5

Case involves ‘fronting’, ‘price gouging’ claims By NEIL HARTNELL Tribune Business Editor nhartnell@tribunemedia.net The Court of Appeal this week overturned permission granted to a niche telecoms provider to amend its claim against the Bahamas Telecommunications Company (BTC), whose “misfeasance in a public office” allegedly caused its collapse. Island Bell Ltd, which was owned by the late Peter Lorandos, suffered a blow in its near 13-year battle for redress after the appeal court unanimously ruled that it was unfair to change its pleadings midway through the trial. BTC had already closed its defence when Island Bell and its attorneys sought to amend their ‘statement of claim’, a move that was initially granted by Supreme Court Justice Rhonda Bain. However, Dame Anita Allen, the Court of Appeal’s president, overturned this on the grounds that no new evidence had been obtained to justify such late changes, which added “entirely new claims of unlawful conduct against BTC”. Pointing to the lateness of Island Bell’s move, Dame Anita said none of the amendments identified “the real issue” between the two sides - the phrase Justice Bain had used to justify granting permission. Ruling that the changes “substantially change the case” against BTC, Dame Anita said the consequences were that “after the close of its case, [BTC] is confronted with an entirely new case to defend”. Island Bell’s dispute with BTC dates back almost to the beginning of this century, and is founded on allegations that the latter’s failure to uniformly enforce the rules - and contractual obligations - among firms providing operator-assisted call services to See pg b7


PAGE 2, Friday, February 10, 2017

Protecting your business and staff in dark times

With our constantly eroding moral compass, and swiftly declining values, employers are having great difficulty in securing their businesses, their staff and themselves. Working Bahamians seem to be the target of criminals who have decided to make a career out of preying on others. In this environment, no one seems safe. The pastor is accosted in the pulpit, the security officer in his booth, and the businessman en route to the bank, all at gunpoint by some thug who has accepted criminal behaviour as their path in life. The times in which we live compel workers and employers alike to make the necessary adjustments to safeguard themselves and their property. This column today has some suggestions for the safety and security of employees, and tips that law abiding and responsible citizens should follow to avoid workplace tragedies.

1.

Provide training for employees that cre-

ates a culture of security and safety. Emphasis should be placed on preventative measures as well as corrective ones. Every employee should know what to do, and not do, in case there is an attempted robbery where a gun is being wielded.

2.

Invest in proper surveillance systems. Many crimes are solved today by the use of technology. Do not take the purchase of camera systems lightly. This investment proves very beneficial, although is not a preventative measure.

3.

Liaise and partner with the Royal Bahamas Police Force. Forming a healthy relationship with the police is necessary to both prevent and address matters as they occur.

4.

Go cashless. The less cash you have

available gives criminals less reason to steal/rob you.

5.

Post signage to discourage would-be thieves. From ‘employees do not know the code to the vault’ to ‘we have less than $100 in the cash registers’, this might further discourage evil intent.

6.

Change your banking transaction routines. Professional criminals pay close attention to details. They watch and study patterns of behaviour, and strike at the opportune time. Shake up the schedule and leave them in bewilderment.

7.

8.

Hire sufficient employees to cover the entire scope of the operation. Employees manning shifts alone, or in small groups, are often targeted as vulnerable. Employers that employees are not so overwhelmed with running the operation that their senses become dull.

9.

Invest in security officers (particularly for functions). Security officers and watch dogs are still great ‘old school’ methods for securing property and people. There are any numbers of credible organisations, such as WEMCO, ICS and Migrafill, that serve the corporate community well.

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10

. Conduct proper vetting and screening of employees. Theft is often proven to be an inside job where the chief perpetrators are employed by the company.

11

. Reach out to the community through social and professional programmes, thereby enlisting an unpaid security force. Your neighbours will serve as great watchdogs for your business.

• NB: Ian R. Ferguson is a talent management and organisational development consultant, having completed graduate studies with regional and international universities. He has

Ian ferguson served organsations, both locally and globally, providing relevant solutions to their business growth and development issues. He may be contacted at tcconsultants@coralwave.com.

Provide proper lighting for the business. Illegal behaviour often takes place in the dark. Sensor light that alerts employees of movement at night proves useful in surprising potential thieves.

SaleS Coordinator essential Job Functions: • Assist with the preparation of sales reports that will assist revenue management; groups, corporate and leisure clients. • Prepare all written correspondence and follow up with clients. • Prepare all creative correspondence to Corporate Clients. • Oversee all set up and break down of functions Position requirements: • Three years experience at a major company or hotel in a similar position; • Proficiency in Microsoft Word and Excel spreadsheets; • The ability to assist with Sales Functions

Interested persons should submit their resumes via e-mail to: recruitment.humanresources@outlook.com

Ian Rolle, the GBPA’s president, encourages business owners to diversify, innovate and grow their businesses during the 2017 Small Business Fair & Training Workshop.

Small Business Fair gains 140 attendees More than 140 business owners and aspiring entrepreneurs were challenged to take their companies and ideas to the next level during a Small Business Fair

and Training Workshop, hosted by The Grand Bahama Port Authority (GBPA). The seminar, organised by the GBPA’s Invest Grand Bahama Small Business Bureau (IGBSBB), was held on Thursday, January 26, at the Pelican Bay Resort. The one-day event addressed topics such as ‘Crowdfunding – An alternative method of raising capital’, presented by Indiegogo; ‘Crafting Successful sales and marketing strategies’, presented by VKR Insights’; and ‘smart banking for small and medium enterprises (SMEs), presented by Scotiabank. Ian Rolle, the GBPA’s

president, said: “We are extremely pleased with the outcome of the Small Business Fair. Firstly, it was significantly oversubscribed. Additionally, the speakers were all excellent, not only providing relevant and meaningful content, but also connecting it to innovative ideas and real life examples of how each concept can - and has produced - successful business ventures. “Today was a tremendous success because our presenters empowered licensees to think strategically about how to improve their sales and marketing strategies, and See pg b6

BAMSI recruits local to head Gladstone Rd. Agricultural Centre The Bahamas Agriculture and Marine Science Institute (BAMSI) has recruited a Bahamian feed biotechnology specialist to become chief operating officer at its Gladstone Road site. Dr Jason Sands, who has spent more than a decade doing research and field work in this area, will head the Gladstone Road Agricultural Centre (GRAC). His appointment is desined to reposition GRAC within Bahamian argiculture, supporting BAMSI’s goal of increasing food and nutrition security. “The academic, research and extension themes of BAMSI are aimed at increasing the number of farmers, helping farmers develop better methods in agriculture, and in research to improve agriculture in the Bahamas and encouraging the general public to become involved in urban

Dr Jason Sands agriculture,” Dr Sands said. Dr Sands’ work in feed biotechnology looks at enzymes, and examines how these additives can be used to improve the use of nutrients in farm animals. He spent the past five years working as a technical advisor to large feed See pg b4


THE TRIBUNE

Friday, February 10, 2017, PAGE 3

Marina sector sees $200m GDP impact By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

Bahamian marina operators are seeking to promote the industry’s importance and contribution to gross domestic product (GDP), believing it generates $200 million in annual boater revenues.

Delivering a presentation to the Association of Bahamas Marinas, Gary Young a former Ministry of Tourism senior director of research, said marina visitors, including including mixeduse accommodation boaters, account for about 4 per cent of all stopover visitors. Mr Young said only offshore boaters have a longer length of stay in the Baha-

mas, with marina visitors staying almost twice as long as those staying in a hotel or on a honeymoon. He added that marina visitors were second only to offshore boaters when it comes to the percentage of visitors staying 30 days or more. “Only private and charter plane flyers are more loyal,”

said Mr Young, adding that marina visitors are twice as loyal as hotel visitors and nearly three times more loyal than cruise stopovers. He pointed to a 2009 Ministry of Tourism survey which noted that marina boaters spent $46.3 million, second only to the $820.9 million spent by hotel visitors.

Marina operators argued, however, that 2009 was a down year for the industry in the wake of the 2008 recession, and that marina boaters’ total spending was easily $200 million annually. “Their average spending per visitor night was $150. The amount spent by marina boaters was higher than those staying in rent-

Caribbean tourism breaks 29m arrivals Caribbean tourism broke new ground in 2016, surpassing 29 million arrivals for the first time ever and growing faster than the global average. “Despite political, security and economic uncertainties and challenges in our main source markets, tourist arrivals to the Caribbean increased by 4.2 per cent in 2016, better than the 3.9 perc ent overall internationally,” Hugh Riley, the Caribbean Tourism Organisation’s secretary-general, said yesterday in presenting the Caribbean Tourism Performance Report 2016.

“Encouragingly, we welcomed over one million more visitors last year than in 2015, to reach 29.3 million, continuing our proud record of continuous growth for the seventh straight year,” he told a news conference held at CTO headquarters. Total visitor spending also hit a new high, growing by an estimated 3.5 per cent to reach $35.5 billion. The US remained the Caribbean’s primary market with an estimated 14.6 million stay-over arrivals, up 3.5 per cent on 2015.

However, it was Europe that recorded the highest rate of growth among the main source markets, led by strong increases from Germany (8.2 per cent) and the UK (4.1 percent). “Despite terrorist attacks in some countries, the Brexit referendum in the UK and bumpy economic outcomes across continental Europe, arrivals from that market climbed by 11.4 per cent to reach 5.6 million,” Mr Riley said. “The strong European performance was evident by the healthy increases of between six and 16.8 per cent

The CTO’s acting director of research, Ryan Skeete, (left) and secretary-general, Hugh Riley, at yesterday’s news conference. in each month, compared to the corresponding month in 2015.” Intra-Caribbean travel also performed well, recording a 3.6 per cent increase - the second straight year of growth - despite costly and fragmented air

service. Canada, normally a robust market for the Caribbean, recorded a decrease for the first time since 1994, and only the second contraction since 1982. The 3.3 million arrivals from that market represented a 3.4

ed homes or apartments ($120) and in timeshares ($80),” Mr Young said. “Marina Boaters spent $25 on activities, $10 on other purchases and $60 on popular purchases, which was also more than any other visitor type. Hotel visitors spent about $225 per visitor night.” per cent drop when compared to 2015. The South American market also contracted by 10.6 per cent, mainly due to political instability in two of the main sources. The CTO secretarygeneral also revealed that cruise arrivals grew at a slower pace of 1.3 per cent to approximately 26.3 million, while the hotel sector recorded negative growth, with all hotel indicators contracting apart from the number of available rooms, which grew by just over 1 per cent, according to Smith Travel Research. Regarding the outlook for 2017, the CTO predicts increases of 2.5 and 3.5 per cent in long-stay arrivals, and increases of between 1.5 percent and 2.5 perc ent in cruise passenger arrivals.

Air Canada Vacations planning new product Air Canada Vacations (ACV) has met with the Bahamas Tourist Board in a bid to enhance its current product and expand airlift to the Bahamas. “We have unrivalled operations to the Bahamas,” said Nino Montagnese, managing director of sun markets for Air Canada Vacations. “Not only do we offer year-round service to the islands’ capital city, we’re also the only Canadian tour operator to offer yearround service to beautiful

Great Exuma.” ACV currently offers daily, year-round service from Toronto to Nassau via Air Canada, and weekly, seasonal service from Montreal on board Air Canada Rouge. Weekly, year-round service, as well as increased seasonal service, from Toronto to Great Exuma is also available through Air Canada. “To top our extensive offering of vacations to the Bahamas, we’re working with the Bahamas Tourist Board on a new pro-

ject scheduled to open this April,” added Mr Montagnese. “This will provide more options for travel agents for vacation packages that fulfill all their clients’ desires.” Details of the new project will be revealed shortly. In Nassau, ACV offers Sandals Royal Bahamian; the Melia Nassau Beach Resort; the British Colonial Hilton; Warwick Paradise Island and Atlantis. In Great Exuma, ACV offers Sandals Emerald Bay .

Mia Weech-Lang, senior director of communications, Ministry of Tourism; Joy Jibrilu, directorgeneral, Ministry of Tourism; Diana Rodriguez, director, product development, Air Canada Vacations; Obie Wilchcombe, minister of tourism; Nino Montagnese, managing director, sun markets, Air Canada Vacations; Dina Carlucci, director, advertising and promotions, Air Canada Vacations; and Paul Strachan, senior director, Bahamas Tourist Office - Canada.


PAGE 4, Friday, February 10, 2017

BAMSI recruits local to head Gladstone Rd. Agricultural Centre From pg B2 companies across Europe and the UK that supply additives, advising them and their customers on how best to apply them to improve animal production. Dr Sands acknowledged that there was a big difference in the level of technology available in the Ba-

hamas when compared to these nations, and the work that needs to be done to improve production and implement sustainable farming. Outlining what it will take for GRAC and the wider industry to be successful, Dr Sands said: “It requires more efficient exploitation of existing human and nat-

Unions ‘must cease’ if insolvent, no returns From pg B1 “The private sector representatives submit the following recommendations for consideration by the NTC and subsequently, the Minister of Labour,” Mr Sumner wrote. “Section 39 of the Industrial Relations Act be amended to make it unlawful for trade unions who fail and/or refuse to file their annual returns to continue to exist. “These annual returns should be audited by a licensed member of the Bahamas Institute of Chartered Accountants (BICA). It is proposed that trade

unions be fined for this failure.” The Chamber chief executive then added: “Moreover, the Act should be amended to make provisions for trade unions who are insolvent to have their registration cancelled immediately or incur some other penalty. “The Industrial Relations Act should include a mandatory provision requiring all trade unions to create a redundancy fund for its members.” The Chamber’s recommendations, as the private sector representative on the National Tripartite Council,

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ural resources, increasing the level of technological inputs, and also training of younger agricultural scientists to elevate the level of agriculture output. Increasing the amount of information available to farmers, in terms of scientific and technological resources, is critical. “The challenge, and I think that it will be a great challenge, is to use the resources that we have more efficiently to make real advancements in the field.” Dr Sands is responsible for managing the activities

of GRAC and ensuring its performance is consistent with BAMSI’s strategic plan. As a boy in Eleuthera, he was surrounded by farmers and fresh produce. Dr Sands had a keen interest in his grandparents’ farm activities, and was part of a community where many families had a small plot or field. “The fact that you could always, at any time of the year, find a variety of local produce, this, for me, was one of the real benefits of that environment where

more of what we eat is grown locally,” DR Sands said, “and why I feel that it’s essential that we get back to that because I think that’s a much more sustainable and healthy way to live.” Having spent more than 20 years abroad, Dr Sands said it was always his goal to return to the Bahamas and get involved in the agriculture sector. “I feel I can contribute to BAMSI’s effort by using contacts that I have established globally to encourage co-operation with internationally-recognided

scientists in research, and to some extent with private companies in terms of getting supplies of the latest advances in agriculture technology,” he added. Dr. Sands holds a PhD in animal nutrition from Purdue University in Indiana, a master’s degree in animal science from the University of Tennessee in Knoxville, and a bachelor’s degree in Agriculture from Tuskegee University in Alabama. He is also a graduate of the former College of the Bahamas, holding an associate’s degree in agribusiness.

appear designed to redress the balance between the business community and labour given the nature of the reforms proposed initially. As revealed by Tribune Business yesterday, these changes include raising the redundancy pay ‘cap’ under the Employment Act by two-thirds for both line and managerial staff, something the Chamber warned would “cripple and/or bankrupt most businesses” in the Bahamas, resulting in mass lay-offs and company closures. Other planned amendments to the Employment Act require companies to give 30 days’ notice to the Minister of Labour and trade union if they plan on making an employee redundant. Should they fail to com-

ply with this, “they will be required to pay each affected employee 30 days’ basic pay in lieu of notice” in addition to what they are due under the law. The Chamber warned that this amounted to “unnecessary interference” in a company’s business, and “impede its effective management”. The two other stakeholders represented on the National Tripartite Council, the Government and the trade unions themselves, are unlikely to support the private sector’s proposed reforms . This means they will not be submitted to the Minister of Labour and the Government for consideration as changes to the law, given that all recommendations sent by the National Tripartite Council are supposed to be unanimously agreed by all three sides. However, as revealed by Tribune Business this week, the private sector has raised doubts over whether the National Tripartite Council has been adhering to its own legal mandate, which requires unanimous agreement of all stakeholders, after a December 15 letter was issued without its agreement. Still, the private sector’s ‘push back’ against reform proposals that many businesses regard as one-sided will likely raise the temperature of the discussions at the National Tripartite Council. Trade unions have previously demanded that employers create a ‘redun-

dancy fund’ for their staff, or pay contributions into a national redundancy fund, but never suggested that they themselves - or their members - pay anything towards this. Mr Sumner and the Chamber, meanwhile, reiterated their opposition to many of the proposed Industrial Relations Act amendments. It disagreed, in particular, with reforms that would make it an automatic legal obligation for Bahamian employers to deduct union dues for all staff and send the money to “the union of their choice”. “We do not support this recommendation, and hold the position that the aforementioned arrangement should be negotiated between the employer and the trade union,” Mr Sumner wrote. “Moreover, this recommendation has an associated cost for employers, as they are required to operate the necessary mechanisms to comply with the provision. These costs are not borne by the trade unions, and such implementation will be borne solely by the employer.” Mr Sumner said the current legal requirement, which is that trade unions negotiate with employers over the payment of union dues, “will act as an incentive for trade unions to early negotiate replacement industrial agreement for the continuity of the collection of dues”. The Chamber is also against proposals to reform

section 51 of the Industrial Relations Act such that the terms and conditions of industrial agreements are automatically deemed to be incorporated into individual workers’ contracts. “Upon the expiration of a registered agreement, trade unions are obliged to meet with the employer to negotiate a new agreement to ensure the continuity of the terms and conditions of employment in the worker’s contract,” Mr Sumner wrote. Most of the proposed reforms appear to be a direct response to the situation at the Melia Nassau Beach Resort, where the hotel is no longer collecting union dues and paying them to the union, and Sandals Royal Bahamian’s termination last August of its near-600 strong workforce. The Chamber also voiced its opposition to employers being forced to start collective bargaining within 45 days of receiving a trade union’s industrial agreement proposal. “The employer and trade union should not be constrained to act within prescribed timeframes. Incentives should be developed to encourage efficient collective bargaining processes,” Mr Sumner said. He also called for “the right for an employer to petition for the revocation of a trade union” to be reinstated in the Industrial Relations Act.

EMPLOYMENT OPPORTUNITY IT TECHNICIAN Job Summary We are looking for an IT Technician who has a thorough knowledge of computer software and hardware and a variety of internet applications, networks and operating systems. The ideal candidate will also have great troubleshooting abilities and attention to detail. The right individual must be able to train users of the systems. Duties and Responsibilities: • Setup workstations with computers and necessary peripheral devices (routers, printers, etc) • Be familiar with all hardware and software • Be familiar with network operating system • Install and configure appropriate software and functions according to specifications • Check computer hardware (mouse, keyboard) to ensure functionality • Provide orientation to new users of existing technology • Provide individual training and support on request • Troubleshoot technology issues • Provide network access to all users • Make recommendations about purchase of technology resources • Maintain records/logs of repairs and maintenance schedule Position Requirements: • Proven experience as IT Technician • Excellent diagnostic and problem solving skills • Excellent communication ability • Organizational and time management skills • Certification as IT Technician will be an advantage Competitive salary and benefits package are commensurate with experience. Interested persons should apply in writing via e-mail address: jmcdonald@comfortsuitespi.com

Service Operations Manager – Bahamas Otis, a United Technologies company, is the world leader in reliable, efficient and technologically advanced elevators, escalators and people-moving systems. Our revolutionary Gen2® elevators, energy-saving ReGen™ drives and NCE “green” escalator have clearly set the industry standard for innovation, safety and performance. More than 2.4 million Otis elevators and escalators are currently in operation throughout 200 different countries. We are proud to have a global team that continues to rise to the challenges of a fast-moving company. Together, the people of Otis are creating new ideas and opportunities by collaborating across time zones, geographies and cultures. So just imagine where we can take you! The Caribbean Elevator Company, a subsidiary of Otis Elevator, is searching for a highly motivated, assertive Service Operations Manager, focusing on field execution and field management to ensure a high level of customer satisfaction in the Bahamas. Operations report up through the Ft. Lauderdale office. Can you motivate a team to produce exceptional results? Do you have a strong customer focus and commitment to excellence? If so, this may be the opportunity for you!

Job Responsibilities:

Responsibility for new equipment oversight, modernization, and service business, field operations, customer satisfaction and overall general business management. Ensure safety performance by all of the salaried and field associates.

Education:

Bachelor’s degree required or any equivalent combination of industry experience.

Experience and Qualifications:

Minimum of 10-12 years of relevant work experience; 5 years of experience in the elevator industry required Management experience preferred. Required 2 year minimum experience servicing Otis G2S Machine room less traction elevators 5 years minimum experience servicing OTIS Traction microprocessor controlled systems. Demonstrate solid leadership skills, effective team building, strong communication and presentations skills to effectively develop relationships with internal customers (Otis regional management team as well as employees) and external customers. Assertive, goal-oriented individual who is a team player. Must have demonstrated good business decision-making in previous positions. Strong sales, financial acumen and computer skills. Ensure that relations with existing customers are maintained.

To be considered, all interested and qualified candidates must submit your resume to larry.campbell@otis.com by February 15, 2017.


THE TRIBUNE

Friday, February 10, 2017, PAGE 5

Aliv ‘credibility’ boost as roll-out targets hit From pg B1 Bimini were the next islands being targeted by Aliv, which had managed to shrug off the “massive disruption” caused by Hurricane Matthew. The Aliv chief executive said the Category Three/ Four storm had cost the mobile provider six-eight weeks of time when it came to its network deployment, although he said the resulting delays were “not material”. Matthew, which struck five days after Aliv ‘came alive’, cost the company around $500,000 as a result of having to inspect and conduct “rectifications” to its systems. Despite these extra obstacles, Mr Blackburn acknowledged that the Utilities Regulation and Competition Authority (URCA) had reinforced Aliv’s credibility by confirming that the company had met its first coverage and service quality targets. URCA said it had carried out more than 23,000 voice and data tests on Aliv’s networks on New Providence and Grand Bahama to verify the reports submitted to it by the company on October 3 and November 18 last year. Revealing that the mobile provider’s operating parent, NewCo2015, has been renamed BeAliv Ltd, the regulator said: “URCA is now able to confirm that based on its investigations, as at the time of submission of both reports, BeAliv was fully compliant with the roll-out and quality of service requirements for the first milestone.” As part of its license

terms, Aliv has to meet several target dates for the roll-out of its network infrastructure and services. Any failure to hit these ‘milestones’ could result in the company being fined, via claims made on the $18 million performance bond it previously lodged. For its first target, URCA had to cover 99 per cent of New Providence, and 80 per cent of Grand Bahama, with minimum and maximum signal strengths by October 1, 2016. It also had to provide service quality where mobile broadband data and mobile voice services hit 99 per cent availability, targets that URCA confirmed it exceeded at 99.91 per cent and 99.93 per cent, respectively. Aliv also had to achieve a 90 per cent ‘confidence’ indicator over the provision of “a mobile broadband data service with a sustained downlink speed of at least 5Mbps (megabytes per second)” when its network was lightly loaded. URCA said its tests showed Aliv’s network achieved an average downlink speed of “approximately 9.6 Mbps”, almost double what was required. Mr Blackburn told Tribune Business that URCA had confirmed Aliv’s own public statements on the matter, the operator having said previously that it had met its first network roll-out targets. “It’s a major achievement, and I think we’ve earned credibility for doing it so fast,” he said. “I’m glad they’ve [URCA] done the diligence work to confirm it. “The hurricane obviously

NewCo2015 CEO Damian Blackburn got in the way of confirming it, but we’re pleased URCA agrees with it. It further reiterates that to do it in three months, with 73 sites, was a world record.” Mr Blackburn attributed Aliv’s relatively fast rollout to the preparatory work done by its controlling 47.25 per cent shareholder, Cable Bahamas, and the ability to leverage the BISX-listed communications provider’s existing fibre optic infrastructure to connect its mobile towers. Describing Aliv’s rollout and launch as “a massive effort”, Mr Blackburn said the mobile provider had played its part through the “rapid mobilisation” of engineering teams and suppliers. He added that Aliv had

to advertise today in the tribune call @ 502-2394

EMPLOYMENT OPPORTUNITY

OPERATIONS COORDINATOR

Comfort Suites Paradise Island invites qualified persons to apply for the position of Operations Coordinator.

Job Summary

Provides administrative support to the Assistant General Manager and Business Process Manager along with all departments that fall under the umbrella of the Operations Department. • • • • •

Duties and Responsibilities: Assist with the day to day responsibilities of the Assistant General Manager’s office. Assist with the day to day responsibilities of the Business Process Manager’s office. Assist with clerical responsibilities with each department that falls under Operations Assist with Medallia and Tripadvisor responses. Assist with the coordination of Messenger service for all departments.

Position Requirements: Three or more years experience in the administrative field required. Experience in the hotel industry will be a plus. Competitive salary and benefits package are commensurate with experience. Interested persons should apply in writing via e-mail address: jmcdonald@comfortsuitespi.com

TRUST MANAGER Leading TrusT Company is seeking a candidate for the position of Trust Manager responsibilities include: • Liaising with senior management in the provision of information/execution of transactions and problem resolution • Managing all associated risks and escalating as appropriate • Preparing periodic administrative reviews of trusts and companies • Liaising with Compliance/Business Risk Management, external auditors and regulators as required to ensure adherence to all internal policies/procedures and regulatory requirements • Ongoing updating and maintenance of trust administration system as it relates to account management • Projects as assigned from time to time. KnoWLedge/sKiLLs reQuired: • Bachelors degree in law, business administration, accounting or related field • Minimum 5-10 years experience in trust and company administration or related experience • Strong oral and written communication skills • STEP qualification is desirable • Sound knowledge of fundamental trust and company laws and related administrative practice • Basic knowledge of banking and investment products and their application in overall management and administration of wealth • Basic understanding and working knowledge of accounting concepts and their applications • Ability to identify potential risk issues and solutions and to communicate these effectively to senior management • Excellent time management, organization and administrative skills • Strong analytical and problem-solving skills • Strong interpersonal skills and excellent team player BENEFIT INCLUDE EXCELLENT SALARY, PERFORMANCE BASED BONUS PAYMENTS, PENSION BENEFITS AND MEDICAL COVERAGE. Interested Bahamian candidates should forward copy of their resume to:

dy.resources@gmail.com

also been ahead of its January 1, 2017, obligation to provide network coverage for 75 per cent of Abaco and Eleuthera, and already met the March 1 goal of “99 per cent of Grand Bahama”. “We launched in Abaco and Eleuthera prior to Christmas,” Mr Blackburn told Tribune Business, “and have 128 sites live across all four islands. “We have a comprehensive plan for all the other populated islands, and will roll that out now. We’ve filed site build plans for 75 [tower] sites with URCA a couple of weeks ago.” These sites, together with infrastructure sharing with its Bahamas Telecommunications Company (BTC) rival where possible, will form the core of Aliv’s Family Island network. Mr Blackburn said Aliv was now focusing on Exuma and the surrounding cays, Andros and Bimini in its next phase, followed by other Family Islands. He pledged that the company would move “with the same speed” as it has in its existing four islands, and was determined not to use Hurricane Matthew as an excuse to delay. “Obviously, the hurricane was a massive disruption to everyone, but we’re not really focusing on that as an excuse,” Mr Blackburn said. “For Abaco and Eleuthera, we got on and

delivered well in advance of the December 31 deadline. We delivered the whole of Grand Bahama in advance of the February 28 deadline. “We’re getting on and doing things when they make commercial sense, doing things as quickly as possible when they are in our direct control. Our mission is to get alive as quickly as possible everywhere.” Mr Blackburn said, though, that several key factors remained outside Aliv’s control, such as BTC’s willingness to offer and provide co-location, and the speed with which it received the necessary approvals from the Government and URCA. When this was combined with the hurricane-related disruption, the Aliv chief executive said it was “important” that URCA had extended the target dates for its next two network roll-out milestones by six weeks. “Due to the disruption of the Bahamas’ electronic communications networks, significant roll-out delays were experienced by BeAliv as a result of matters outside BeAliv’s control,” URCA acknowledged yesterday in reference to Hurricane Matthew. “URCA has assessed the impact of the damage on the roll-out progress, and considers it appropriate and necessary to extend

the compliance deadline for each of the second and third milestones (Phase 1b and Phase 2) by six weeks to 14 February 2017, and 14 April, respectively.” The Phase 1b target had required Aliv to hit 75 per cent coverage on Abaco, Eleuthera, Exuma, Andros and Bimini. The next phase then mandated it to achieve 99 per cent coverage on Grand Bahama, Eleuthera, Bimini, Andros and Exuma, and 85 per cent on Abaco. “URCA’s review of BeAliv’s performance in respect of Phases 1b and 2 will commence on 15 February and 17 April, respectively, and will take up to three weeks in each instance,” URCA said. Mr Blackburn, meanwhile, said Aliv had “exceeded” its own and URCA’s service quality measures via the “quality, data rich network” it has rolled out. Turning to Matthew, he added: “It cost us, we think, a couple of months, six to eight weeks, just because for four to five weeks we had to go back on the existing network to do inspections and rectification. “We had to visit every site, and it did cost us time as we had to divert resources to that, as we should. It didn’t slow us up unduly on Abaco and Eleuthera. We were delayed, but not materially.”


PAGE 6, Friday, February 10, 2017

‘Hold Hutchison’s feet to the fire’, Govt told From pg B1 summer is going to be pretty bleak if things stay the way they are. “If there’s a deal done soon, there may be a chance of getting business back on track by next winter. That’s the best I can see it at the moment. It’s really, really poor. We’re sucking air at the moment.” Many Freeport businesses and residents see Hutchison Whampoa as the major culprit for the loss of 1,500 hotel rooms post-Hurricane Matthew, especially after Memories’ parent, Sunwing, blamed its resistance and lack of co-operation over storm repairs for its pull-out - a move that has cost Grand Bahama between 500-600 jobs. The Hong Kong-based

conglomerate has maintained a stony silence despite the criticism being levelled against it on Grand Bahama, where it is the island’s largest investor, with around $1 billion sunk into the Freeport Container Port, Grand Bahama Development Company (DevCo), Freeport Harbour Company and the Grand Bahama Airport Company besides the resort Prime Minister Perry Christie, in his first public comments on Grand Bahama’s woes following Memories’ pull-out, gave an upbeat assessment of the situation last night. He said the Government was “firing on all cylinders on Grand Bahama”, confirming it was still talking to Sunwing/Memories, although he made no mention

of the key player - Hutchison Whampoa. Mr Christie also confirmed previous exclusive Tribune Business revelations that the Canadianbased real estate developer, the Wynn Group, was seeking to acquire the Grand Lucayan. The Prime Minister said he was talking to Paul Wynn, the company’s principal, while also referring to its proposed $65 million condominium development at Goodman’s Bay in Nassau. Tribune Business previously reported that Wynn, together with Memories and Hard Rock, had submitted a $110 million offer to acquire the Grand Lucayan, a bid that is said to be still ‘on the table’ and awaiting a reply from Hutchison Whampoa. Sunwing has already made clear its interest in returning to Grand Bahama with Memories as a hotel operator, but this will not happen for as long

as Hutchison Whampoa remains its landlord as the Grand Lucayan’s owner. Messrs Fingland and Paine’s calls for a tougher approach by the Government will likely be supported by many on Grand Bahama, with prominent attorney, Terence Gape, already having urged such an approach. However, there are several reasons why the Government is likely to resist taking such action, not least the need for Hutchison Whampoa to give a ‘waiver’ of its port monopoly on Grand Bahama to facilitate Carnival’s $200 million cruise port in the island’s east. Mr Christie said the Government would likely sign the agreement with Carnival next week, and the promised $300 million Phase V Container Port expansion is another factor likely to influence his administration’s talks with Hutchison Whampoa. Many Grand Bahama

THE TRIBUNE

residents, though, are especially upset about the conglomerate’s failure to start hurricane repairs more than four months since Matthew’s passage, the excuse being that it is waiting on the insurance claim to be resolved. Exacerbating anti-Hutchison Whampoa sentiment is its pocketing millions of dollars in tax concessions from the Government just last summer. The Government, as part of efforts to restructure its relationship with the Grand Bahama Port Authority (GBPA), granted the Hong Kong-based conglomerate and all its Bahamian subsidiaries a ‘blanket’ 20-year extension of their real property tax, income and capital gains tax exemptions. In contrast, all Bahamian and other foreign investors in Freeport have to apply to receive the same incentives, and these are reviewable every five years as the Government seeks to tie tax

breaks to ‘performance’. Hutchison Whampoa has yet to demonstrate its gratitude by beginning essential repairs in earnest, which is having knock-on effects for all of Freeport and Grand Bahama. Many observers, and members of Freeport’s private sector, have privately confided to Tribune Business their belief that the Government gave up all its leverage over Hutchison Whampoa in return for the cruise port waiver (to facilitate Carnival’s project) and the $300 million Phase V container port expansion. There was a widespread feeling that the imposition of real property tax would have forced the Grand Bahama Development Company (DevCo), 50 per cent owned and managed by Hutchison Whampoa, to become proactive and start developing its 70,000-80,000 acres in order to offset the new ‘carrying cost’.

Small Business Fair gains 140 attendees From pg B2 access new funding sources for success.” Valdez K. Russell, the opening presenter and principal of VKR Insights, a communications firm, reminded entrepreneurs about the importance of developing an effective sales and marketing strategy. “Focus on the market, the product and measurable goals to build customer loyalty and attract new customers. Once you are focused, your clients will reward you by coming back again and again to support your business,” he added. LaShawn Dames, business services manager for GBPA/Invest Grand Bahama, said: “The Small Business Fair & Training Workshop is IGBSBB’s first event for the year; it was exceptionally well received by the business community. “Every initiative that we undertake this year will serve to drive business innovation, encourage new and diverse ideas and, most importantly, provide incentives that fuel and encourage growth.” Participants were also introduced to best practices in crowdfunding, and how to launch, manage and execute successful crowdfunding campaigns through

Indiegogo. Its senior strategist, Alana Jesse, reviewed the importance of crowdfunding and presented participants with the relevant steps in the process. She said: “Indiegogo will support you as a partner so that you can build your audience, develop a campaign and create momentum in the marketplace for sales and success.” Derek Newbold, senior manager of business development for the GBPA and Invest Grand Bahama, added: “The ongoing focus for Invest Grand Bahama is to provide our licensees with a rich array of opportunities to help them as they diversify, innovate and grow their business. “We live in a world of limitless opportunities and without boundaries. The global marketplace is constantly changing and we must keep pace. In fact, we as business owners and entrepreneurs must often seek to position ourselves ‘ahead of the curve’ if we are to be and remain successful. “We at GBPA are committed to digging into another extraordinary year of training and support for our licencees to help promote economic sustainability and entrepreneurial success.”

PUBLIC NOTICE INTENT TO CHANGE NAME BY DEED POLL

The Public is hereby advised that I, KENNARIO EUCHAEO HIGGS of #62 Mahogany Street, Pinewood Gardens, Bahamas intend to change my name to KENNARIO EUCHAEO SHERMAN. If there are any objections to this change of name by Deed Poll, you may write such objections to the Chief Passport Officer, P. O. Box N-742,Nassau Bahamas no later than Thirty (30)days after the date of publication of this notice.

YOUR

CHOICE FOR THE FAMILY @JOYFMBAHAMAS WWW.FACEBOOK.COM/JOYFM1019

NOTICE

NOTICE is hereby given that JANETTE DUMONT of Johnson Road, P.O.Box N-4133, Nassau, Bahamas is applying to the Minister responsible for Nationality and Citizenship, for registration/naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 10th day of February, 2017 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, Bahamas.

NOTICE NOTICE is hereby given that GUERLAND OMOITHE of Marsh Harbour, Abaco, Bahamas is applying to the Minister responsible for Nationality and Citizenship, for registration/naturalization as a citizen of The Bahamas, and that any person who knows any reason why registration/naturalization should not be granted, should send a written and signed statement of the facts within twenty-eight days from the 10th day of February, 2017 to the Minister responsible for nationality and Citizenship, P.O. Box N-7147, Nassau, Bahamas.

IN THE ESTATE OF MAYBELL KEMP, deceased, late of Hudson Street, Blair Estates , Eastern District of New Providence, Bahamas. Notice is hereby given that all persons having any claims or demands against the above-named Estate are requested to send the same duly certified to the undersigned on or before the 14th March, 2017 . And notice is hereby also given that at the expiration of the time above mentioned the assets of the deceased will be distributed among the persons entitled thereto having regard only to the claims of which the Administrator shall then have had notice. Roberts, Isaacs & Ward, Attorneys-at-Law, Chambers, Unit 2, Cable Beach Court Professional Centre, West Bay Street, Nassau, Bahamas.

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THE TRIBUNE

Friday, February 10, 2017, PAGE 7

Collapsed company suffers reversal in 13-year BTC fight From pg B1 Bahamian hotel guests resulted in it being forced out of business. The dispute occurred at a time when the Bahamian communications market was in the initial stages of liberalisation, amid efforts to privatise BTC, and also touches on an age-old issue affecting the private sector, namely that of locals ‘fronting’ for foreigners in industries supposedly reserved for Bahamians only. Detailing the origins of the legal battle, Dame Anita said Island Bell had a contract with BTC to provide Automated Operator Services (AOS) to guests at Bahamian hotels. The rules included a prohibition on the use of Voice over Internet Protocol (VoIP) and toll free numbers, while call rates were ‘capped’ and the AOS operator had to be a Bahamian company as defined by the Companies Act. Island Bell alleged that these contracts made all AOS operators, such as itself, agents of BTC, with the latter effectively responsible for regulating all the players so that they “complied with all the terms and conditions”. The crux of its case is that BTC breached its duty as regulator, and as contract principal, by allowing a rival, One World Communications, to operate

in breach of these terms - something Island Bell alleged ultimately forced it out of business. Apart from “persistently and habitually charging rates for long distance international calls upwards of 500 per cent above” BTC’s published operator-assisted call rates, Island Bell alleged that One World Communications also “breached the public policy of Bahamianisation” and was engaged in “fronting”. Media coverage dating from 2003-2004 alleged that One World Communications, headed by former BTC employee Maggie Colebrooke, was a ‘front’ for a large Mexican communications player, BBG Communications. One World’s office in 2003 was said to be the then-Christie, Davis & Company law firm, while its president and vicepresident both had Spanish names, even though Ms Colebrooke and a Bahamian lawyer were listed as the shareholders. Island Bell, in its initial statement of claim, alleged that BTC had failed to ensure approvals were in place for non-Bahamians to participate in the communications industry, a sector supposedly reserved for Bahamian ownership only under the National Investment Policy. It also claimed that BTC had failed to check that “an

illegal ‘Call-back’ service was not being offered by One World Communications” and that “unsuspecting consumers were not being ‘price-gouged’ by any of its AOS licensees. Island Bell alleged that despite “the many complaints received from tourists who were the victims of the price gouging by One World Communications”, both BTC and various government departments failed to act - even when evidence was presented to them that One World was not Bahamian owned. Island Bell claimed it supplied such evidence consistently between 2000 and 2003, and based its case on BTC’s alleged failure to act and ensure a ‘level playing field’ between competitors - something that it claimed constituted a “misfeasance in public office”. Dame Anita noted of Island Bell: “In the respondent’s particulars of damage, it claimed that its annual net ordinary income fell from more than $400,000 in 1999 to $3,005 in 2003 through loss of market share, and that it was forced out of business.” BTC, though, denied all of Island Bell’s claims, pointing out that it was URCA’s predecessor, the Public Utilities Commission (PUC), not itself, that became statutorily responsible for regulating the communications sector from September 22, 2002, onwards. It added that there were no formal contracts with AOS operators, and that it merely gave them authorisation to operate.

The legal battle finally made it to trial in the Supreme Court in October 2011, with Island Bell calling witnesses from Atlantis and SuperClubs Breezes to give evidence about receiving deposits from One World Communications. Island Bell then sought to amend its case to include new causes of action, including that BTC had breached the Telecommunications Sector Policy, and that it had also failed to properly investigate whether One World Communications had the necessary foreign investor approvals. Justice Bain granted the amendments, allowing Is-

land Bell to include the allegation that One World Communications was paying “hundreds of thousands of US dollars per annum to hotels as advance deposits, or pre-authorised credits, for AOS provision..... thereby securing to itself an illicit competitive advantage over the plaintiff, which adversely and fatally affected the plaintiff’s AOS business”. BTC was said to have “vigorously” resisted the amendments, which Dame Anita said were submitted for consideration seven months after Island Bell claimed new witnesses had come forward.

Suggesting that it was “significant” that the only cause of action pleaded in the original claim was “misfeasance in a public office”, Dame Anita added that the Supreme Court “did not identify what was the real controversy between the parties”, and “the amendments went further than simply that which was required to take into account the late discovery of evidence”. Raynard Rigby was BTC’s attorney, while Carl Bethel QC and Michael Foulkes represented Island Bell.


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