2.8La Cabana heeft [naam verzoeker] op 17 september 2019 op staande voet ontslagen. De ontslagbrief van dezelfde datum luidt voor zover hier van belang als volgt.
“We hereby inform you that your labor agreement is terminated as per immediate due to the following urgent reasons.
We received a serious complaint recently by an employee, a subordinate working in your department, regarding your unacceptable behavior towards a colleague of her, which is also a subordinate working in your department. According to her statement, you would be sending inappropriate messages to a contract worker that is working in your department. That employee showed us several WhatsApp messages showing the interaction between you and that contract worker. These did indeed show that they are very inappropriate messages between you and a subordinate.
We met with you on September 3rd, 2019and discussed the abovementioned complaints with you. Present during this meeting were Mrs. [naam human resources director], Human Resources Director, and Mr. [naam f&b director], F&B Director. You denied ever having communicated in an inappropriate manner with any subordinate. As a matter of fact, you mentioned also that the only WhatsApp chat communication you had with your employee/contract workers, were with the following: the F&B Chat Group, the acting Head Bartender, the Assistant Beverage Manager and with the F&B Director. After this meeting you were suspended with pay, pending out further investigation into this matter.
Upon the return from vacation of the contract worker in question, on September 6th, 2019, we met with her. According to this contract worker, the interaction between you and her would have been a “joke”. It would be normal for you to communicate in that matter, as a “joke”.
During our investigation, more complaints came forward from employees of your department regarding your inappropriate behavior with them. Another contract worker complained about the fact that you would constantly make inappropriate remarks towards her when working. You would make remarks asking her when you would be having a three some with her, about “cleaning her” after she stained her pants with her period and making remarks about her being more beautiful than her sister. You also would have invited her to take a spin in your car. Every time this employee told you to stop interacting with her in this manner, however you continued making remarks that made her feel uncomfortable.
We met with you once again on September 6th, 2019, in the presence of Mrs. [naam human resources director] and Mr. [naam f&b director]. During this meeting, you were confronted with screenshots of the WhatsApp messages between you and the first contract worker. You then admitted having sent the messages in question, indicating they were meant as a “joke”.
This was contrary to your statement on September 3rd 2019, where you denied ever having any private conversation with any of your subordinates. When confronted with the other complaint filed by the other contract worker, you denied ever having spoken to her in that manner. After this meeting, you were informed that we would continue with our investigation and that you would remain on suspension with pay pending the outcome of our investigation.
In the meantime, we received another complaint of a contract worker in your department (this is the 3rd complaint received). As per the statement of this contract worker, you would often harass her. At the end of her shift when both of you were alone (you assisting her closing her work) you would rub your intimate part on her leg (as per her statement, she even got a feeling you had an erection), asking her when she can have sex with you. You also would constantly be asking her to send pictures of her intimate parts.
After this employee kept ignoring your advances, you would have started treating this employee in a very rude manner, while continuing your behavior and asking her to send pictures of her intimate parts. The employee felt so harassed, that she felt she had no other option but to send a picture of her intimate parts, to which you would have responded as placed in the WhatsApp chat between you and her “Tremendo. Danki dushi. Hee diki dushi omg. Ki dia mita purbe”. As per employee’s statement, she felt threatened and was afraid to lose her job. She felt after she sent you this picture, your offensive behavior towards her stopped.
We met with you regarding this latest complaint on September 16th, 2019, in the presence of Mrs. [naam human resources director] en Mr. [naam f&b director], according to you the last allegation is a complete lie and “they” would be setting you up and that the WhatsApp messages would be fabricated. You denied ever having a WhatsApp communication with the 3rd contract worker and denied touching her. You admitted that you did have your usual, jokes” with her. You also stated that you were making jokes only to those subordinates that made jokes to you first and that this is the way how you keep your team “motivated” to perform well.
[naam verzoeker], by acting as described above, you grossly violated the Company’s rules regulations. As a manager you have to set the example for all employees and contract workers, and more so towards the employees resorting under your management. As such, it is expected from you to follow our rules and regulations at all times, especially those rules and regulations pertaining to a fair, respectful and decent treatment of all our employees and providing our employees a safe environment to work, in free of any type of (sexual) harassment. While you claim that comments made to a contract worker were meant as “jokes”, fact of the matter is that your communication with these contract worker – subordinates that also were dependent on you for the assignment of work – was very inappropriate and was even perceived as harassment by another worker. While you claim that the complaints filed by other two workers are not true, we have no reason not to believe these workers, where both of them even had WhatsApp messages confirming your inappropriate interaction with them.
Your actions as described above, each individually and jointly, are considered a grossly violation of our Harassment Policy and your obligations arising out of your labor agreement and, each individually and jointly, have caused the Company to lose all trust in you an, each individually and jointly, constitute an urgent reason for the immediate termination of the labor agreement with the company as per today, September 17th, 2019. This type of behavior is unacceptable in the workplace. We cannot and will not allow our associates to be exposed to this type of behavior.
We urge you to return all hotel property in your possession by the latest on September 19, 2019 for proper handling of your final payment”.