Wednesday, July 29, 2009

Vestas eviction attempt fails

Vestas workers are to continue their fight after a legal attempt to evict them failed.

Adjourning the hearing to evict the occupyers until Tuesday next week, the judge,said papers had not been properly served on individuals occupying the property.

Papers were served last Thursday to Mark Smith, a worker at the factory.

In the court papers, Vestas named 13 individuals and "persons unknown" it believed had occupied the office space in the building. Three of those are now thought to have left.

However, lawyers for the company conceded the company could not be sure who else had barricaded themselves inside the property.

Vestas lawyers asked the judge to fast-track the possession order, saying "emotions are running high" at the factory and there was a real risk of disturbance. They said the police presence at the site was evidence of the risk of disorder.

The judge said "I see no evidence of any threat of violence to property or person by reason of the individuals who are occupying the property remaining there." The judge added he was "distinctly uncomfortable" with the way the company was seeking to bring proceedings, which he described as an attempt to "get around the rules. I am not satisfied that any named person other than Mark Smith has been personally served," he said.

The adjournment resulted in celebrations for the occupying workers, who were told by mobile phone. They had expected bailiffs to arrive soon after court proceedings.

"Everyone in here went absolutely ballistic," said one of the workers inside. "It's given us another week to spread the word and given our legal team time to strengthen the case."

"We have just heard that the case has been adjourned to 4 August," Steve Stotesbury, a 29-year-old blade maker, announced to the crowd. "As we have said from the outset, this is a peaceful demonstration." He added: "We're extremely jubilant. This was the decision we were hoping for. It goes to show the fight is not over."

Vestas has been criticised for the way it informed the protesting workers that they had been sacked. The termination letters were delivered to the factory beneath slices of pizza.

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