The Anonymous Director
IAC Pacific Ltd
Port Vila
The Republic of Vanuatu
20 May 2005
Dear Sir
“Given that you have asserted that CAP 160 (the industrial laws of the Republic of Vanuatu) do not apply, and given that you have supported KAL in the Korean Supreme Court with respect to an unsuccessful claim by some ex KAL pilots for the application of Korean severance conditions:
To which industrial statutes do you subscribe when determining the rights and entitlements of IAC Pacific Ltd’s employees.”
A period of 10 weeks has now elapsed since that question appeared in this forum, and 4 ½ months have elapsed since you undertook to furnish a response to an earlier request for the same information.
That you have been unable or unwilling to provide appropriate response leads one to speculate as to why you are reluctant to furnish the requested information. Could it be that:
A) IAC Pacific Ltd is compliant with a relevant statute, but is so dismissive of the rights of it’s employees that it will not take the time to respond to this simple and reasonable request for information, or
B) IAC Pacific Ltd is non compliant, seeks to avoid its responsibilities to its employees and, hides behind the anonymous and Byzantine labyrinth of international company registration/ legislation to avoid its responsibilities as an employer, and to facilitate the plunder of the rights and entitlements of those employees.
Sir , the fact of the matter is, that your employees are covered by some industrial legislation, somewhere. A request for detail of that set of statutes is not unreasonable and could easily be argued, is a legal entitlement.
Should the absence of any evidence of commitment to a set of industrial statutes continue, one will be forced to draw the conclusion that IAC Pacific Ltd is non compliant, that it is operating outside the law and has absolute contempt for the legal and industrial processes, and the rights and entitlements of its employees.
Your continued obstruction in this matter, be it a result of A) or of B) above, must give any employee or prospective employee cause for concern as to your qualifications as a suitable/bona fide employer.
If it is your desire that this matter be determined within the industrial/legal arena, then so be it. It would however, be a whole lot smarter and cheaper to come clean and advise all who may be concerned, which laws, if any, you are complying with, or in the alterative which laws, if any, you are prepared to comply with.
Yours faithfully
Paul J Makin