Tuesday, July 14, 2015
By NEIL HARTNELL
Tribune Business Editor
nhartnell@tribunemedia.net
Baha Mar will reduce its workforce to just 50 key employees essential to run a ‘skeleton operation’ if it is unable to resolve the dispute with its Chinese partners by next Monday.
Court documents filed by the $3.5 billion developer reveal the full extent of the radical downsizing strategy it will adopt if it is unable to reach an agreement with its debt financier, the China Export-Import Bank, “in the near term”.
Branded the ‘Preserve and Maintain Alternative’, the plan implies that more than 2,500 Baha Mar staff could lose their jobs within the next two months if the developer, its Chinese partners and the Government are unable to reach a settlement in their ongoing talks in Beijing.
While Melia Nassau Beach Resort staff are unlikely to be affected, as it is the only operating property generating cash flow, the employee numbers affected amount to between 1-2 per cent of the total Bahamian workforce.
Thomas Dunlap, Baha Mar’s president, in a July 10, 2015, affidavit, said the developer would require just 52 ‘Group A’ employees “to manage the wind down and operate the remaining businesses” until the mega resort could be completed and opened.
A further 47 staff (Group B employees) will be required to assist with the wind-down of Baha Mar’s operations over that 45-60 day period, although Mr Dunlap reveals they will ultimately be terminated.
The Baha Mar president says both the Group A and Group B employees are equivalent to 6.5 per cent of the developer’s total staff, meaning that ultimately some 93.5 per cent of its workforce may be made redundant. Those percentages, though, do not match the employee numbers contained in earlier court filings.
The details are revealed in filings seeking the Delaware Bankruptcy Court’s approval for Baha Mar to pay these 99 workers what could ultimately total nearly $5 million in bonuses for performing these key tasks.
The hearing on whether to approve these will take place next Monday, July 20, which is the same date previously set by the Delaware court to determine whether Baha Mar should be allowed to pay $1.861 million in severance monies.
Baha Mar’s filings confirm that the Cable Beach developer is pursuing a twin track process to resolving its dispute, involving the negotiating table (currently in Beijing) and, if necessary, the courts in the Bahamas and Delaware.
They also indicate that Baha Mar and its principals, the Izmirlian family, will seek out new investors and financing sources if they are unable to reach a satisfactory agreement with the Chinese bank and its contractor, China Construction America.
Other filings suggest Baha Mar is more than ready to ditch the Chinese contractor, and the latest documents, including Mr Dunlap’s affidavit, indicate the developer is also prepared to look beyond the China Export-Import Bank for funding.
Whether the bank, whose $2.45 billion in debt financing is secured on the property and real estate assets at Cable Beach, will allow Baha Mar to do that without a fight is unlikely.
Confirming that Baha Mar will be forced to “make immediate and difficult decisions” on its workforce if no resolution was forthcoming, Mr Dunlap set out the three-part ‘Preserve and Maintain Alternative’ to completing the $3.5 billion project.
“If an agreement with China Export-Import Bank is not reached in the near term, the debtors [Baha Mar] will be compelled immediately to downsize their operations to a minimum over approximately 45-60 days, which includes archiving a substantial portion of their current property and reducing their workforce to a skeletal staff necessary to minimally maintain the resort assets until such time as construction completed and the property opened,” Mr Dunlap alleged.
“I believe that this downsizing is necessary to curtail the substantial cash drain the debtors are currently enduring in light of their pre-petition efforts to ‘ramp up’ and prepare for the previously anticipated opening of the resort in the Spring.”
Mr Dunlap said that should such a scenario occur, Baha Mar would have to identify “a new source of financing”. Whether the China Export-Import Bank will allow it to do so, and not appoint a receiver or take over Baha Mar itself, is another matter given that the Supreme Court has yet to protect the assets by recognising the Chapter 11 bankruptcy proceedings in the Bahamas.
Once the ‘new financing’ is identified, Mr Dunlap said “the final stage of construction” would start, with the project opening and many employees re-hired.
He justified the proposed bonus initiative, billed as the ‘Key Employee Incentive Programme’, by saying the performance of the 99 chosen workers would “be absolutely critical in realising [Baha Mar’s] long-term restructuring objectives”.
Mr Dunlap referred to the “complexity and logistical components” involved in winding down the new resort properties, and the workload facing “a significantly reduced staff”.
“Specifically, the debtors need to incentivise approximately 47 indispensable employees to assist with the wind-down of their respective operations over a 45 to 60-day period, notwithstanding their impending termination,” the Baha Mar president said.
“And incentivise approximately 52 additional employees to manage the wind-down and operate the remaining businesses until construction of the resort is resumed and pre-opening recommenced.”
Previously filed court documents show Baha Mar has a total workforce of 2,593, excluding the Melia employees, so the ultimate workforce reduction foreshadowed by Mr Dunlap would eliminate 2,541 posts.
The Baha Mar president said the 47 employees who will be terminated, once their wind-down tasks are completed, would have to secure and archive casino assets; store all computers and electronics; secure the retail inventory; and secure, inventory and store the contents of 90 containers containing furniture, fixtures and operating equipment.
Describing how the employee incentive initiative will work, Mr Dunlap said the 47 staff in Group B would “receive the greater of” 60 or 90 days of their basic salary rate, or 1.5 times’ their daily remuneration for the period between June 29 and the date when they complete their tasks.
As for the 52 ‘Group A’ staff, Mr Dunlap said expatriates would gain a bonus equivalent to 60 per cent of their annual base salary, and Bahamians a sum equivalent to 30 per cent.
This would be paid in increments of 20 per cent and 10 per cent, respectively, once the three milestones - “archiving” of the property; construction re-start; and opening were achieved.
Mr Dunlap said the incentives would ensure that Baha Mar’s assets were preserved, and a re-opening could “happen as efficiently, and with as few disruptions and delays, as possible”.
“In my estimation, failure to implement the Baha Mar Incentive Programme will jeopardise the debtors’ prospects of an expedient and successful reorganisation, and create additional costs in hiring and training new employees,” Mr Dunlap said.
“I believe that unless the Baha Mar Incentive Programme is approved, the debtors will be unable to successfully and efficiently archive and re-open their operations in the event they are forced to pursue the Preserve and Maintain Alternative.”
Comments
B_I_D___ says...
...how 'bout dem 10,000 jobs in the first year of taking office?
Posted 14 July 2015, 12:51 p.m. Suggest removal
JohnBuchanan says...
So in other words the same incompetent morons -- led by Tom Dunlap -- who ran the project into the ground and landed it in insolvency and bankruptcy are the ones deemed essential to saving it? Izmirlian will go down as the biggest joke in the history of the hotel industry. He is totally clueless. And all of this is moot anyway. China is right now in the process of eating Izzy alive -- on their home turf. It's unlikely "Baha Mar" will exist much longer. Next Monday's court proceedings in the U.S. and Bahamas will be the final chapter of this sad saga.
Posted 14 July 2015, 1:11 p.m. Suggest removal
Franklyn says...
...we should jail these guys for the lost and misery caused to The Bahamas and The Bahamian people. ...i understand that Baha Mar owes CCA some 70 - 80 Million in payments from February - June of this year and this money is unaccounted for, there should be a bigger investigation into this Baha Mar mess.
Posted 14 July 2015, 2:47 p.m. Suggest removal
sheeprunner12 says...
Play the Rihanna song ................. Where is my money???????? Pay me what you owe me!!!!!!!!!
Posted 14 July 2015, 3:32 p.m. Suggest removal
TalRussell says...
Comrade Izmirlian, like no other developer in history mankind has managed talk himself right out of a job as principal developer of a 3.5 billion dollar resort. The Chinese have done shut the doors on Baha Mar, long before Papa Hubert's letters were even dropped-off at the Chinese Embassy in Nassau Town.
Goodby Nassau and da Caribbean, hello Castro brothers.
Posted 14 July 2015, 5:10 p.m. Suggest removal
John says...
We seem to forget it is Bah Mar that is in bankruptcy protection and not Izmirilin. That is the purpose of forming a company; to protect one's assets that are not a part of that company. If nothing gets solved in China then Izmirilin will be allowed to put his case before the Delaware courts claiming collusion by China Bank and intentional delays and sabotage by the China Construction Company. If the court feels there is sufficient evidence to proceed Izmirilin will be given his chapter 11 bankruptcy protection. If he prevails in his case against the Chinese he is likely to recover hundreds of millions from them. The bank and the construction may also be facing heavy fines and Izmirilin may be allowed to seek new financing and a new construction company and finish the project before he is required to settle his debt with China Bank. If Izmirilin can prove that the construction company, weather willfully or through negligence caused the delays of Bah Mar and produced shoddy and sub-standard work, then most likely the courts will not compell Bah Mar to work with the same construction company. Remember the Delaware will be ruling not only to appease the parties involved but it will also be setting a precedent for similar cases that may arise in the future.
Posted 14 July 2015, 5:23 p.m. Suggest removal
Franklyn says...
....what planet are you from? read the facts 'man. For God sake people read :- Until the Bahamian Supreme Court grants the necessary approvals, Baha Mar remain unable to access proposed financing approved in the U.S Bankruptcy Court, making it impossible for Baha Mar to pay salaries and benefits to Baha Mar Staff, as well as pay ordinary course suppliers and vendors for goods and services post the commencement of the Chapter 11 process. We may reach an agreement before the scheduled hearing on July 20th, but in the event we are unable, **we hope to secure recognition from the Bahamian Supreme Court for our Chapter 11 process**
Posted 15 July 2015, 10:18 a.m. Suggest removal
TalRussell says...
Comrade there might be some hope win law suit, consider the case of:
'NO Ugly Children Allowed In My Family.'
I read about a Chinese man who successfully sued his wife for 120,000 thousand dollars over giving birth ugly children, claiming he was unaware she had plastic surgery before they met, so she wasn't actually an attractive woman.
But Izmirlian would first have prove his dream Baha Mar, was not ugly, before he and the Chinese tied they's 3.5 billion dollars knot. Good luck on that one - considering he had been shunned, by all monies suitors, he tried so damn hard hard hitch his Baha Ma dream onto. You see da legal uphill difficulties he will face?
Posted 14 July 2015, 5:42 p.m. Suggest removal
John says...
No I don't
Posted 14 July 2015, 6:25 p.m. Suggest removal
Baha10 says...
Izmirlian is nothing but a rich kid spending Daddy's money of dubious source who appears to have failed miserably in standing on his own two feet and is now at risk of embarrassing the family name for many future generations to come. Least we forget the law suits he has already filed and lost on this Project that were summarily dismissed as having no merit whatsoever to even entertain, and now he attempts to usurp the jurisdiction of the Country in which the Project itself is situate, which could effectively destroy our hopes of attracting any future outside investment. Fortunately, this latest endeavor will fail also, but not before costing his family even more money and embarrassment, all of which his father should seek to claim back from his son's useless management and legal teams, who have been negligent in the extreme to allow the current debacle to unfold, whislt at the same disinheirting his son for exercising such poor judgements in character.
Posted 14 July 2015, 7:36 p.m. Suggest removal
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