Saturday, May 18, 2013
TERMINATED RIU Palace workers will receive full severance packages after they were summarily dismissed for gross misconduct, legal counsel said Friday.
Workers are expected to review packages next week to determine whether or not they will accept pay-offs or go to the Supreme Court for what they still believe to be ‘wrong and unfair’ dismissal.
There are at least four workers that are determined to seek further legal action, according to Glendon Rolle, attorney for some of the fired workers.
Mr Rolle said: “It’s an upward move at least - at first being dismissed summarily with no severance, but now being dismissed with severance.
“We are going to wait and review it and see what the figures are and then decided whether or not we will file an action against them and see it to the Supreme Court.”
Legal counsel for 30 fired employees met with resort management at the Department of Labour for reconciliation meetings after former employees filed a trade dispute this week.
Earlier this month, two employees were terminated without cause from the resort with severance pay. On Tuesday, 28 employees were terminated after participating in a protest outside the resort the previous day.
Employees were reportedly protesting in support of the two fired workers and working conditions.
It was alleged that some workers were not scheduled to work, or were on their lunch break during the protest.
According to Mr Rolle, employees on their lunch break were not allowed to re-enter the hotel.
All employees who participated in the protest on Monday were terminated for gross misconduct under section 31 of the Employment Act.
Mr Rolle said: “We said to [resort management] that this is an opportunity in the Bahamas for them to show that the employers do sometimes make decisions emotionally, and have not thought it out. It would have shown the humanistic side of them if they had come back and reinstated [the workers].
He added: “It would have shown a positive change.
“It would show that not all hotel employers are of one view, but it seems that they are all of one view to terminate with or without cause as they choose.”
Comments
B_I_D___ says...
If you are getting a FULL severance package, you are wasting the courts time pleading unfair dismissal. An employer is within his rights to fire or retire anybody at any time...if they give t hem the appropriate severance package as outlined in the labour law...if the figures add up in the severance, it's case closed...done...leave.
Posted 19 May 2013, 9:41 a.m. Suggest removal
crabman says...
all for me baby all for me
Posted 19 May 2013, 11:52 a.m. Suggest removal
henny says...
Since when do you fire an employee and give him severance pay??? If an employee is terminated why do other emloyees feel compelled to go out and protest? It should be between the terminated employee, management and union if necessary. If fired he is to go and apply for unemployment benefits and look for another job. An employer has the right to terminate an employee as long as there is just cause. The employee also has the right to file grievience against the employer. There are also rules to follow in justifying the termination. Usually there are warnings given in advance. If the same problems exist continuously the employee can and should be fired. Most of the time an employee knows why he is being terminated. Could be for tardiness, calling in sick too often, not performing duties, too many errors, etc. An employee on probation can be fired at any time without any explanation.
Posted 19 May 2013, 12:27 p.m. Suggest removal
concernedcitizen says...
they would rather pay these troublemakers to go then take them back ,,,,
Posted 19 May 2013, 12:31 p.m. Suggest removal
USAhelp says...
Agree now maybe someone that really wants to work can get a job.
Posted 20 May 2013, 5:25 p.m. Suggest removal
mynameis says...
Employment is at the will of the employer...hence the law provides for an employer to terminate an employee with notice or pay-in-lieu of notic and without giving any reason. A claim for wrongful dismissal is simply alleging that no notice was give. Hence, the complaining employee, if successful would only be paid notice + severance. If paid that, then there is no need to go to court.
Posted 21 May 2013, 12:18 p.m. Suggest removal
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