Court Cases / Third GMS Court Case



Theme: Quest for Disability Pension

Summary. On Bonaire there is no Social Security yet for disability pension in case a person cannot work anymore due to illness. The case aims to obtain compensation for an employee who is unfit for work due to a work-related injury (not due to an accident).

But this case - if awarded - will have a wider impact. It will stimulate employers to take out insurance for their employees to cover the risk of their employees becoming disabled due to work-related illnesses or injuries. The Court has also been requested to suggest in an ‘Obiter Dictum’ that the government should introduce a special Social Security scheme to insure this risk for all employees.

This case has been ongoing for approx. 3 years. We skip all earlier documents and start with the Statement after Examination of Witnesses (Concl. na Enquete).

UNFORTUNATELY this case had to be abandoned, due to shortage of funds. The Court Registry Charges for filing the Appeal Case amounted to more than $ 3,000.-, which neither the plaintiff nor the Golden Meand Society could afford. Hopefully more donations will be received to avoid such a setback in the future.

Case Files
1. WINKLAAR vs. SELIBON Statement after Examination of Witnesses Download
2. Winklaar Verdict Court of First Instance Download