The Court of Final Appeal (TUI) has rejected a ruling by the Court of Second Instance (TSI) in the government’s case against Surf Hong, the company that, back in 2018, won the tender to provide lifeguards and other services for public swimming pools, Hoje Macau has reported.
Previously the TSI had decided in favor of the company, absolving them from the payment of a 4.1 million patacas fine issued over the non-fulfillment of the contract signed with the Sports Bureau (ID).
In the TSI’s ruling, the court considered that the strike action by Surf Hong staff to demand better work conditions was sufficient reason for the company to claim that the non-fulfillment of the contract was due to force majeure, thus clearing the company’s obligation to pay the fine.
The judges of the higher court disagreed with the ruling, and called on the TSI to revise their decision.
The workers strike led to the halting of operations at public swimming facilities in the summer of 2018, including two being completely closed to the public: the Cheoc Van swimming pool in Coloane and the Dr. Sun Yat Sen Park swimming pool in the Northern District.
Due to the non-fulfillment of the contract, the government had issued two administrative fines in two separate cases, claiming a total of 11.1 million patacas from Surf Hong.