Industrial Tribunal finds cook was fairly dismissed over theft of food

By LYNAIRE MUNNINGS 

Tribune Staff Reporter 

lmunnings@tribunemedia.net

A COOK turned team leader was terminated from her position at Great Stirrup Cay for theft and dishonesty after removing meat from the company’s freezer. She filed a trade dispute with the Industrial Tribunal.

Lena Roberts began working for GSC Management Company (Bahamas) Limited and United Shipping Company Limited on August 30, 2004, as a cook at Great Stirrup Cay, a private cay and port of call for Norwegian Cruise Line. By 2019, she was promoted to team leader in the cafeteria kitchen.

On November 6, 2019, while cleaning the cooler, Ms Roberts noticed that some food was beginning to smell. She claimed to have received verbal authorisation from her supervisors, Chef Elan and Chef Das, to take the tainted food for her dog. The food was placed in a large white plastic garbage bag. At the end of her shift, Ms Roberts requested a lift from Chef Elan, who drove her to the Jet-Ski dock to catch a ferry to Great Harbour Cay.

CCTV footage showed Ms Roberts carrying the bag and placing it on the back of the company’s utility vehicle. At the dock, a security officer inspected the bag after Ms Roberts said it contained food for her dog. The bag was left on the ground while she waited for the ferry.

Before the ferry arrived, island director Mouen Al Mawla discovered the bag and found the explanation suspicious. Mr Al Mawla inspected the contents and summoned Chef Elan and Chef Das, who both denied giving permission for the meat’s removal. The bag, containing chicken, ribs, and various fillets, was confiscated and returned to the kitchen by Chef Elan, who also took photographs of the meat as evidence.

On November 7, 2019, Ms Roberts and other staff members provided statements about the incident. Her statement, finalised after two drafts, was signed, and the initial drafts were discarded. Ms Roberts was placed on a three-day unpaid suspension for investigation.

She was terminated on November 11, 2019, with a termination letter signed by Mr Richard Ryan, General Manager of GSC Management Company (Bahamas) Limited. The letter cited theft and dishonesty, accusing her of stealing frozen meat from the company’s freezer.

The tribunal investigated her history of taking food from the cay and found that she had previously taken food for her dog following the same verbal procedure. She claimed she had received permission from Chef Das. However, the tribunal found Ms Roberts’ testimony inconsistent and contradictory. Observing her demeanor, the tribunal determined she was untruthful and inconsistent in recounting the events of November 6, 2019.

“The tribunal finds that based on the totality of the evidence, the applicant was summarily dismissed for just cause, based on the respondents’ honest and

reasonable belief that she committed theft and dishonesty. The tribunal also finds that the respondents conducted a reasonable investigation into the applicant’s misconduct,” the judgment read.

The tribunal ruled that Ms Roberts’ termination stemmed from her independent decision, which affected her otherwise unblemished 15-year career at the cay.

The company was ordered to pay Ms Roberts $231.60 plus interest at a rate of 10 percent per annum from the date of judgment until the award is paid in full, covering the period of her suspension.

Comments

bahamianson says...

Why is the company paying for the dishon3st staff. The staff member should be.paying for the.meat she stole

Posted 17 August 2024, 1:19 p.m. Suggest removal

Sickened says...

I know right. The whole story was in support of her rightful dismissal and then out or nowhere the last paragraph says the company has to pay her???
Dear Tribune, please clarify.

Posted 19 August 2024, 9:27 a.m. Suggest removal

Log in to comment