WIFOL scores major court victory against Thompson, judge orders handover of union property

GREAT BAY--The Workers Institute for Organized Labor (WIFOL) has secured a major legal victory against former union president Theophilus Thompson, whose attempt to challenge the union's newly elected leadership ended with the dismissal of his claims and a series of court orders requiring him to surrender union property, financial records and access credentials to the new board.

In a judgment delivered on Friday, November 13, 2026, the Court of First Instance of St. Maarten ruled overwhelmingly in favor of WIFOL and its leadership, headed by President Joanice "Dukie" Richardson, granting most of the union's counterclaims against Thompson.

The ruling represents a significant reversal for Thompson, who initiated legal proceedings against WIFOL, Richardson and board member Elton Jones, challenging the legitimacy of the September 17, 2026, general membership meeting at which a new board was elected.

Instead, Thompson emerged from the proceedings with his own claims dismissed, an order to pay legal costs, an immediate prohibition against representing himself as a WIFOL official, and a seven-day deadline to surrender union property and provide access to its financial and administrative records.

Failure to comply with the court's orders carries a penalty of Cg. 2,500 per day, up to a maximum of Cg. 50,000.

Thompson withdraws challenges after WIFOL presents defense

One of the most significant developments in the proceedings occurred when Thompson withdrew all three substantive objections challenging the legality of the September 17 general membership meeting.

According to section 4.2 of the judgment, Thompson withdrew those objections during the October 30 hearing, referring to the grounds presented in WIFOL's defense.

The court noted that the defense established, among other things, that an agenda had been circulated before the meeting, that members were present and that voting slips had been used to elect the new board.

These findings undermined the basis of Thompson's original challenge, which questioned the procedures followed during the meeting and the validity of the board elections.

With the three substantive objections withdrawn, the court dismissed Thompson's claims in their entirety and ordered him to pay Cg. 1,500 in legal costs associated with the main proceedings.

For WIFOL, the outcome represents a substantial victory in its efforts to defend the decisions taken by members and move forward under its newly elected leadership.

Judge finds Thompson's defense not credible

The judgment also delivered a serious setback to Thompson's position concerning the whereabouts of WIFOL's property, financial records and administrative documents.

In defending himself against WIFOL's counterclaim, Thompson maintained that he no longer possessed any property belonging to the union and that everything previously in his possession had been left at WIFOL's premises.

However, the court rejected that explanation.

In section 4.9, the judge examined correspondence from Thompson's attorney, his statements during the proceedings and the absence of evidence showing that union property had been handed over.

The court also noted that Thompson had argued that passwords providing access to WIFOL's records and bank accounts belonged to him personally.

According to the judgment, this suggested that Thompson possessed the passwords but was wrongfully refusing to provide them to the new leadership.

The judge further highlighted Thompson's acknowledgment during the hearing that he still possessed certain keys to WIFOL's premises.

Taken together, these circumstances led the court to conclude that Thompson's defense regarding the union's property "is not credible."

The finding is particularly significant given Thompson's longstanding leadership of WIFOL and the union's efforts to regain control of its administrative and financial operations.

In section 4.6, the court expressly confirmed that most of WIFOL's counterclaims would be granted.

Thompson ordered to surrender union property within seven days

Under sections 5.3 and 5.4 of the judgment, Thompson must surrender to WIFOL, within seven days of November 13, all keys, access devices, alarm codes and passwords relating to the union's buildings, offices, safes and vehicles.

He must also hand over financial records, membership registration documents, corporate and tenant files, stamps, seals, computers, laptops, hard drives and other equipment, including login credentials for the association's accounts.

The order further covers WIFOL documents, files and property removed from the union's building by Thompson or Ms. Lisa Alexander on or around September 17, 2026.

Additionally, Thompson must provide the new board with full access to and cooperation concerning bank accounts, financial records and digital accounts held in WIFOL's name.

The court made clear that Thompson cannot avoid these responsibilities by pointing to difficulties involving third parties. Where assistance from a bank or another institution is necessary to obtain records or financial information, Thompson is responsible for ensuring that cooperation.

The judge also rejected the suggestion that WIFOL's new leadership must first produce an inventory of missing property, placing the responsibility and risk associated with such an inventory on Thompson, given his years as chairman.

Thompson immediately barred from acting on behalf of WIFOL

In another significant decision, the court prohibited Thompson from presenting himself as a representative, director or chairman of WIFOL.

The prohibition applies to his dealings with union members, banks, the Chamber of Commerce, the WIFOL Foundation, the CIFSEF Foundation and other third parties.

He is also prohibited from carrying out legal acts or otherwise acting on behalf of the union.

Unlike the property handover requirements, which carry a seven-day compliance period, this prohibition took effect immediately.

Under section 5.6, failure to comply with the court's orders can result in daily penalties of Cg. 2,500, up to Cg. 50,000.

The judgment was declared immediately enforceable, meaning its orders remain enforceable even if an appeal is filed.

Questions surrounding foundation funds remain open

WIFOL's counterclaim also sought the release of funds and access to information concerning transactions involving the WIFOL Foundation and the CIFSEF Foundation.

The union has raised concerns about financial arrangements involving these foundations and the handling of funds connected to WIFOL's operations, including union dues and rental income.

However, the court did not grant the requests concerning the release of funds or disclosure of transactions involving the foundations.

In section 4.13, the judge explained that these particular claims had not been sufficiently specified to be granted in summary proceedings.

The court therefore did not make a determination regarding any alleged misuse of funds involving the foundations.

This aspect of the ruling does not change the orders requiring Thompson to provide access to WIFOL's own bank accounts, financial records and digital accounts.

Court orders Thompson to pay legal costs

In addition to the handover requirements and restrictions imposed on Thompson, the court ordered him to pay Cg. 1,500 in legal costs arising from his unsuccessful main claim and another Cg. 1,500 in costs associated with WIFOL's counterclaim.

The combined costs awarded amount to Cg. 3,000, separate from any daily penalties that may become payable for noncompliance.

The November 13 ruling marks a significant legal victory for WIFOL, Richardson and the newly elected leadership following weeks of disagreement over the union's governance and control of its property and records.

Having initiated proceedings to challenge the new board, Thompson now faces binding court orders requiring him to cooperate with that same leadership and surrender the union's administrative and financial access.

For WIFOL, the judgment provides a legal basis to proceed with restoring control over its operations, safeguarding union property and ensuring that its leadership can carry out its responsibilities to the membership without further interference from Thompson.

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