The former head bellman of the Sonesta Beach hotel is preparing to take out a lawsuit against the owner of the former Sonesta Beach hotel for refusing to give some of the Island's lowest paid workers redundancy pay.

Labour activist Raymond Russell told that Clifford Schorer, the owner of the former Sonesta Beach Hotel ? and the employees' union, the Bermuda Industrial Union ? have been ignoring workers rights under the 2000 Employment Act.

Mr. Russell, who runs the Bermuda Hotel Workers Association, said the act clearly stipulates how workers should have received redundancy pay after Hurricane Fabian damaged the hotel last year. The hotel, now known as the Wyndham Bermuda Resort and Spa Southampton Beach, has been taken over by Wyndham Management and has been open for business since June 16 with 252 rooms ready by the end of the summer.

Mr. Schorer, who's company Southampton Beach Resort, bought the hotel two years ago, has also made headlines in Bermuda by spearheading a private-public partnership to build one hundred new homes in St. David's sold to income-qualified residents.

Mr. Russell said instead of the two-week paid vacation offered by hotel owner Mr. Schorer, the workers should have received redundancy pay, as outlined in the 2000 Employment Act.

The Employment Act states: "An employee made redundant for the purposes of this Act, where the termination of his employment is, or is part of, a reduction in the employers' workforce which is a direct result of any of the conditions of redundancy."

The Act specifies acts of God, like a hurricane, as one of the conditions of redundancy. Other conditions of redundancy Mr. Russell points out to support his case are the sale or disposal of the business, the discontinuance of all or part of the business, and the impossibility or impracticality of carrying on the business at the usual rate due to a shortage in materials, mechanical breakdown, act of God, or circumstances beyond the control of the employer.

Before terminating an employee, the act states the employer must inform the employee's trade union, the existence of the relevant conditions for redundancy, and the reasons for termination contemplated.

Mr. Russell said before taking action in the courts he would like to work things out with Mr. Schorer in an employment tribunal presided over by a labour relations officer.

"The important thing about this tribunal is that the employees who are not going to be working at Sonesta get their just dues under the Employment Act.

"When he fired the general manager and the middle management at Sonesta Beach he should have offered redundancy under the (Act) which states that legally everyone was finished," said Mr. Russell.

In a letter sent by general manager Michael Collard on April 23, staff were told that they were going to follow a training programme commencing May 10 which pays them by the hour.

In the letter Mr. Collard writes: "After the opening I anticipate that all departments will be on rotational layoff. This rotation will be based on occupancy levels throughout 2004."

Mr. Collard states in his letter that anyone who chooses not to return in May will be terminating his or her employment with Southampton Beach Resort.

"In doing so this will sever all current benefits that you have. If you reapply in the future, you will certainly be given first option on any position you are qualified for.

"Upon rehire you will receive all the benefits of a "new" hire. Under no circumstances will your old benefits be carried over or transferred to your new hire status."

Mr. Russell said this will mean some of the hotel's seasoned employees will have to go through training programmes.

"You're telling us how great we are after the hurricane and then you are making people reapply for their jobs when the hotel is not fully open and now threatening them with this," he said.

He is also citing further injustices at the hotel, saying non-Bermudian porters had the opportunity to work continuously throughout the week while Bermudians were working three to four days during the week.

In September, Mr. Schorer told he had reached an agreement with the BIU and was hoping to use teams of between 80 and 100 out of his 340 staff to work on restoration on a rotational basis.

Staff got full pay for the week after Fabian and for further two weeks plus full vacation benefits. Staff under 65 got half their health insurance paid and those over 65 got full coverage while the hotel was closed.

"We accepted the deal because we had no choice," Mr. Russell said, adding that the rotational shift work offered to the hotel workers since renovations began last year had dramatically cut back on their earnings and women workers, mainly housekeepers, were only working for three days a week.

He said hotel workers are entitled to receiving the $12,000 package, which isn't much but means everything to someone who is paid on average $15,000-20,000.

Mr. Russell said approximately 70 people had been retained by Sonesta as staff, which has re-opened under the management of the Wyndham Hotel Group as Wyndam Hotel Resort.

"It is cruel and crude the way middle management has treated workers at Sonesta Beach," said Mr. Russell. "There are a lot of women, particularly maids, who make $21,000 on average a year and are suffering."

Mr. Russell also criticised the BIU for not monitoring Mr. Schorer's moves since his company Southampton Beach Resort bought the hotel two years ago. He said nine maids at the hotel have lost their jobs as the hotel now has 285 rooms as opposed to 400.

"The BIU did not stand up for people who were bound to lose their jobs," said Mr. Russell. "Why should I have to discuss this with (BIU president Derrick Burgess). He knows what's going on, as union leader he should know how to carry out the 2000 Employment Act."

Mr. Schorer said he believed retaining staff after the hurricane was in the best interest for the employees. "Redundancy, either forced or unintentional is not in the plan. We are trying to retain staff not lose them," he continued.

"I will say that our staff knows what our unified purpose is ? to build room inventory and occupancy so we can achieve more scheduled time per employee.

"There are certainly no windfalls here as a result of Fabian, not for the ownership, not for the managers, and not for the associates," he said.

Mr. Schorer invited Mr. Russell to work things out with the management through his association.