January 14, 2006

Farm workers to be deposed for case in Federal Court

LAWYERS FROM both sides in a case brought on behalf of Caribbean cane cutters against a Florida sugar plantation were in Jamaica this week to take depositions. This is ahead of a July hearing in the United States Federal Court in a suit accusing the company of falsifying time sheets to reduce wages.

Defendants, the Florida Crystals-owned Osceola Farms, had tried to have the case thrown out in the State Court, which has happened in three previous cases with a fourth settled out of court. Florida Crystals Vice-President, Gaston Cantens, had described as 'extortionists' Migrant Farmworkers Justice Project ­ the lawyers representing the cutters ­ and vowed to fight on.

The suit is claiming US$5 million in unpaid wages dating back to 1987 for mostly Jamaican, Caribbean cane cutters. So far 1,564 out of approximately 3,000 men who worked during the years 1987-1993 have joined the suit, Gregory Schell of the Migrant Farmworkers Justice Project told The Gleaner.

Ironically, they will be opposed by Jamaican lawyer Robert Vaughan, immediate past president of the Caribbean Bar Association and a partner in the Miami branch of multinational law firm Squire, Sanders and Dempsey.

"It is interesting because he will spend the next six months attacking the testimony of his countrymen and I, an American will be representing them. It's going to be hard, because he is going to have to attack the credibility of hundreds of workers," remarked Schell

Mr. Schell and his team are optimistic of success now that they have reached Federal Court level. "We are very happy that this case will be allowed to proceed in Federal Court," he said. "All of the previous cases were brought in state court. Federal Court judges are appointed for life and, therefore, are not as subject to political pressure as are state court judges, who must stand every four years for election."

Mr. Cantens and Mr. Vaughan were unavailable for comment for this article.