Blog Exposure – Nevsun Approaches Supreme Court of Canada Against Lower Court’s Ruling Allowing Hearing of Eritrean Workers’ Lawsuit
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LONDON, UK / ACCESSWIRE / January 30, 2018 / Active-Investors.com has just released a free research report on Nevsun Resources Ltd (NYSE NSU) (“Nevsun”). If you want access to this report all you need to do is sign up now by clicking the following link www.active-investors.com/registration-sg/?symbol=NSU as the Company’s latest news hit the wire. Media reports from News Agency Reuters on January 27, 2018, indicate that Nevsun has approached the Supreme Court of Canada to appeal against the ruling by a lower Canadian Court, which allowed a lawsuit filed by Eritreans workers against the Company to proceed in British Columbia (BC), Canada. The lawsuit was filed by the workers in 2014. Nevsun has filed the appeal with the Canadian Supreme Court on January 19, 2018. Register today and get access to over 1,000 Free Research Reports by joining our site below:
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Nevsun’s Appeal to Canada’s Supreme Court
Nevsun’s appeal to Canada’s Supreme Court comes after the Appeals Court rejected its plea and confirmed that the case could continue to be heard in the Courts of BC. The right to grant or deny Nevsun’s appeal rests with the Supreme Court, however there is no fixed time for it to reach a decision. In its appeal to the Supreme Court, Nevsun has contended that it was inappropriate for a BC judge to question the legality of a sovereign state’s conduct. The Company called the matter an issue of national importance for Canada. It further said that the BC Court’s ruling was “out of step with international consensus and common law Courts that do not recognize damage claims based on breaches of international law”.
Significance of the Supreme Court’s ruling
The matter gains significance for the Company as the Supreme Court’s decision would impact the lawsuits filed by an additional 59 Eritrean nationals against the Company on similar grounds. If the Company loses the case, it will be liable to pay significant damages to these workers.
The Supreme Court’s decision is being monitored closely by other Canadian mining Companies with operations outside Canada. The ruling in this case could set a precedent for further litigations, especially if the operations are in countries with weak human rights records or where there is no independent rule of law. It would ensure that Canadian mining companies as well as its suppliers, contractors, and subcontractors respect human rights and not be willfully blind to or involved in human rights violations abroad.
About the lawsuit filed by Eritreans workers
Three Eritreans workers had filed a lawsuit against Nevsun in November 2014 with the BC Supreme Court claiming damages from the Company. These workers were employed with a local sub-contractor from 2008 to 2012 at the Company’s copper-zinc Bisha Mine located 150km west of Asmara, Eritrea in East Africa. The State of Eritrea owns 40% stake in Bisha Mine via state-owned Eritrean National Mining Company (ENAMCO) and the remaining stake is owned by Nevsun.
These three workers alleged that the local sub-contractor, an Eritrean government-owned construction firm, used them as slaves during the construction of Nevsun’s Bisha mine. Since Nevsun has partnered with the Eritrean’s government for developing the Bisha mine, Nevsun is responsible for the alleged forced labor, torture, and cruel and inhuman treatment of these workers by contractors and military personnel supervising the construction work at the mine. The Company has denied the allegations and said it was prepared to defend itself against the claims. The Company’s argument is that its mine is a model development and that the Eritrean military never provided labor to the mine. Even if this was true, the Company believes that its was not directly responsible for employing the workers. The Company argued that since the case was related to a mine in Eritrea, the case did not fall under Canada’s jurisdiction and should be tried in Eritrea and not in Canada.
In October 2016, the trial Court dismissed Nevsun’s application and allowed the case to be filed in BC as Nevsun was not established in Eritrea and as there was a risk that the trials would not be fair if tried in Eritrea, due to the country’s poor human rights record and totalitarian practices of the Eritrean government. Nevsun had appealed against the trial Court’s judgement to the Appeals Court. In November 2017, the three judges of the BC Appeals Court rejected Nevsun’s appeal and supported the lower Court’s ruling and allowed the case to be argued in Canada. The Court also allowed the workers to move forward with their claims of crimes against humanity, slavery, forced labor, and torture against the Company. Nevsun had the option of approaching the Supreme Court of Canada over the ruling of the Appeals Court.
About Nevsun Resources Ltd
Vancouver, British Columbia-based Nevsun is a leading mid-tier base metals company. The Company owns 100% of copper-gold Timok Upper Zone and 60.4% stake in Timok Lower Zone in Serbia. The Company also owns 60% stake in copper-zinc Bisha Mine in Eritrea.
Stock Performance Snapshot
January 29, 2018 – At Monday’s closing bell, Nevsun Resources’ stock dropped 2.12%, ending the trading session at $2.31.
Volume traded for the day: 574.47 thousand shares.
Stock performance in the previous three-month period – up 13.24%
After yesterday’s close, Nevsun Resources’ market cap was at $690.55 million.
The stock has a dividend yield of 1.73%.
The stock is part of the Basic Materials sector, categorized under the Copper industry.
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