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Union says new deli must keep on former staff

The Bermuda Industrial Union may launch a battle with the new owner of a Hamilton deli over the possible firing of six staff members.

Bermuda Industrial Union?s Chief Organiser George Scott said yesterday if Mannie?s Soul Food Express boss Antonello Fadda purchased the Deli in Washington Mall, he purchased the agreement between the Union and its staff as well.

?It is in the Labour Department?s hands,? Mr. Scott said last night. ?They said the deli and the new people have done everything correctly.?

But if the six staff lose their jobs, he said the union would not accept it.

On March 3, 2005, a memo was sent to deli staff giving them notice of deli owner Peter Grant?s desire to sell the deli, he said.

But on March 7, a letter stated: ?All of the staff at the deli have been terminated with a four week notice.?

?A new company will be taking over effective April 15, 2005,? Mr. Scott said. ?This letter serves as a formal confirmation that you will resume your former positions with the new company for a three month probationary period.?

Another letter dated April 15 said ?by virtue of a bill of sale, Soul Food Express acquired assets of some of the stock and trade of Hanfield Mill Ltd.?

He said the staff are included as assets of the company.

However, on March 21, an official letterhead told all staff they had been made redundant as the entire company will cease to exist.

Hanfield Mill Ltd. is the name of the company under which the deli operates. But Mr. Scott said the Registrar of Companies lists Hanfield Mill Ltd. as still existing.

And according to UK law, Mr. Grant?s staff became Mr. Fadda?s staff automatically after the transfer of ownership, Mr. Scott said.

Mr. Scott said if the case goes to the Supreme Court, or to a European Court, the law is on the side of the staff.

Mr. Fadda is going to replace the deli after it closes today with a Mediterranean health food bar.

He said the new outlet, possibly called New Deli, will re-open next month after a complete re-fit.

Some of the six staff being made redundant could be re-hired he said.

He told : ?We don?t have jobs for all of them. We will have to do a lot of work. The place is in a terrible state.?

The Deli owner Peter Grant said he is closing after six years because he wants to do other things. However manager Brenda Rochester, who has worked there for nine years, said she feared the new owner doesn?t want the new eatery to be unionised and she claimed only non-unionised staff would be re-hired.