Last night we told you about the half a million dollars plus in damages awarded against the Belize Sugar Cane Farmers Association and two farmers. ASR/BSI and BELCOGEN sued them for loss of revenue and won in the high court. The judgement came down yesterday and today ASR/BSI's attorney Hector Guerra explained the significance and precedent setting nature of the case to US:
Hector Guerra, Attorney - ASR/BSI:
"The claim, in essence, says that the BSCFA and the individual farmers who were named unlawfully interfered with BSI's is right to engage in trade."
"BSI and BelCogen as a result of the blockade, suffered monetary loss in terms of contracts, to deliver sugar cane products in terms of the ability to manufacture sugar cane products, and in terms of the ability to sell for BELCOGEN Energy to the grid in Belize."
"This is a fair and balanced judgment, but the underlying essence of the claim is that the court found that the BSCFA and two other farmers were liable because they intentionally and unlawfully blocked the entrance to BSI's mill. As a result, BSI was unable to conduct business."
Reporter:
"Are your clients disappointed, though at the actual figure for the awards because you had requested much more?"
Hector Guerra, Attorney - ASR/BSI:
"No. The short answer to that is that this was never about a monetary sum. It's not about the figure. It's about the underlying principles. It's about upholding economic interests and ensuring that parties engage with respect for each other."
"This, of course, is one of the first cases to uphold persons', businesses' economic rights in a court. So that this case was grounded in the economic tort called unlawful interference with economic interests. This is the first time that a case like this has been fully litigated and upheld within a court in Belize."
So while the case sets a legal precedent, it may also set a precedent in industrial relations. Forcing stoppages of work is one of the most basic tools in the playbook of labour agitators. But, now the cases establishes that when the Cane Farmers blocked the factory - they were exposed as legally liable:
Hector Guerra, Attorney - ASR/BSI:
"So I think it's important to clarify that this case does not see that you cannot engage in industrial action. What it does say is that if you are going to engage in industrial action, in collective bargaining, you must do so lawfully with respect to the other parties involved."
Reporter:
"Is this case, have the effect of capital sending a message to labor. Don't mess around. You're gonna have to pay?"
Hector Guerra, Attorney - ASR/BSI:
"Absolutely not. It's about, as I said, respect for each other in the circumstances of this case. BSI was, in fact, seated around the table. There were ongoing negotiations between the parties, and it's about engaging in constructive dialog where that channel is open and available to the parties."
"I think, it's important to note that parties must go about in commercial relations in a legal manner."
Reporter:
"This happened in 2021, as I recall, and correct me if I'm wrong, the case wasn't immediately pursued."
Hector Guerra, Attorney - ASR/BSI:
"No."
Reporter:
"Was the suit eventually pursued or undertaken as a way to create a certain, create a change in the power dynamics between the BSCFA, which perhaps uses as its leverage the fact that it is willing to incite civil disorder. And ASR/BSI on the other side, which was many times defenseless against such actions. Is it a way of reordering the relationship to say we have power as well?"
Hector Guerra, Attorney - ASR/BSI:
"No. I think, Jules, it must be understood that both the farmers and the mill share a symbiotic relationship, and that was recognized in the judgment."
"So there is no real power struggle here. Both parties need each other. It's a symbiotic relationship. And what the court is sending a message of is that parties must engage lawfully when engaging each other in commercial negotiations."
Reporter:
"How important is it as a precedent do you believe?"
Hector Guerra, Attorney - ASR/BSI:
"It's very important? I think it establishes that all Belizeans, not just BSI, all Belizeans, enjoy a right to engage in a trade or business of their choice without unlawful interference."
The quantum of the award, the interest and the attorneys cost could total close to a million dollars - but the BSCFA and the farmers don't have to worry - since they are covered by a government indemnity which was given at the time without any public announcement. The judgement can still be appealed.
Godfrey Smith, Hector Guerra and Edgar Lord appeared for BSI and BELCOGEN while Assistant Solicitor General Samantha Matute, Jarvis Lou and Marissa Longsworth appeared for the Defendants/.
