PHILIPSBURG–The Court in First Instance has ordered utilities company GEBE to pay former interim manager Merrill Temmer’s salaries of NAf. 15,370 from November 7, 2020, plus all other emoluments, with ten per cent interest, until a judge has ruled in the main proceedings.
GEBE also has to pay legal fees of NAf. 9,240.50, the court ruled on Thursday, December 29, 2022.
Temmer has been employed by GEBE since 2013. Prior to his appointment as interim manager as per December 2, 2021, he worked as manager of the Information and Communications Technology (ICT) Department.
On March 17, 2022, GEBE fell victim to a cyberattack by Black Eye, an organisation dealing with theft and the encryption of company data. The hack encrypted GEBE’s entire customer administration, as well as financial and other business data.
To regain access to these data, GEBE was required to pay 25 bitcoins worth approximately US $1 million to the hacker on or before March 20, 2022, and 50 bitcoins after the expiration date.
Temmer was on extended sick leave from June 1, 2022, until September 2, 2022. On August 22, 2022, he was appointed Chief Operations Officer (COO), but by letter of September 8, 2022, the Supervisory Board announced its intention to suspend him as COO.
On November 7, 2022, Temmer tendered his resignation by letter of his attorney Lucas Berman, and 23 days later, his lawyer informed GEBE that the “COO contract between Mr. Temmer and NV GEBE clearly provides for a return-back guarantee in the ICT manager’s position which Mr. Temmer held until December 2021. The option of returning to work was invoked by client and consequently client is in service of NV GEBE.” According to his lawyer, Temmer’s salary ex-benefits amounted as of November 30, 2021, to NAf. 15,370.
In summary proceedings, Temmer petitioned the court to order GEBE to pay out his due salaries, to admit him to his work as ICT manager, and to sentence GEBE to payment of NAf. 1,198,860 as an advance on the damages.
According to Temmer, it followed from provisions in the agreements for his appointments as interim manager and COO that he was entitled to return to his old position as ICT manager, or a comparable position, if his work as temporary manager or COO were to end for whatever reason.
GEBE, represented in these proceedings by attorney-at-law Zylena Bary, contested these claims.
The court rejected GEBE’s position that Temmer was – solely – to blame for the cyberattack and its adverse consequences. This “ignores the responsibility of directors, members of the Supervisory Board and the host of temporary managers who have been at the helm of GEBE in recent years, not to mention the usual (political) interference by GEBE’s sole shareholder: country St. Maarten,” the judge stated in the verdict.
“This statement also ignores the responsibility of all those who are currently at the helm of GEBE to deal with the consequences of the cyberattack. They are responsible for the troublesome recovery of GEBE’s ICT organisation, as a result of which the adverse consequences of the cyberattack are still being felt.”
Therefore, the court dismissed GEBE’s argument that it had erred in entering into a return guarantee with Temmer. According to the court, Temmer should be placed back in a position similar to ICT manager.
GEBE could not be expected to reappoint Temmer as ICT manager, not because he was personally to blame for the consequences of the cyberattack or the difficult recovery, but because GEBE may consider another employee more suitable for this position, the judge stated in the verdict.
Bron: Daily Herald