Uitspraak
1.DE PROCEDURE
2.DE VASTSTAANDE FEITEN
Passenger Handling Agentop de luchthaven van Aruba. Zij verdient een salaris van Afl. 11,04 bruto per uur. Haar netto salaris over de maand juni 2025 bedraagt
Afl. 2.403,77.
“Non-Compliance with Swissport International Rules and Regulations”en
“Violation of Swissport’s Sexual Harassment Policy”. Onder “Incident Description” staat het volgende:
“The incident occurred on June 6th, 2025, involving a coworker, [collega], who promptly reported the matter to the HR Manager. The situation was duly addressed in accordance with company procedures. On June 16th, your airport access badge was disabled by the Airport Authority (AAA) because of the ongoing internal investigation. Please be advised that, as this case remains under active investigation, you are hereby suspended until further notice.”
“On June 17th, 2025, AAA received the report from [directeur van AGS] [directeur van AGS, GEA] and commenced our own internal investigation into the findings provided by Swissport’s report. On June 18th, 2025, an internal committee assessed the reports, AAA’s findings and any additional evidence that can support the report. Based on the Swissport’s report and our own investigation and findings, AAA can conclude that [verweerster] did violate AAA’s Rules of Conduct by committing sexual harassment on airport premises.
However by means of this mail and for your further internal handling and decision making we can confirm that this case was handled and viewed internally by a committee consisting of 3 persons who have witnessed and confirmed the events reported in the letter that resulted in the suspension confirmation.”
“The investigation established that your colleague experienced the physical contact you deny as highly inappropriate and distressing. Furthermore, the investigation documented consistent concerns about your professional conduct, including rude, dismissive and disrespectful communication with colleagues, and your use of offensive and vulgar language even during formal Human Resources meetings.
3.HET VERZOEK EN HET VERWEER
4.DE BEOORDELING
5.DE BESLISSING
Afl. 1.500,00 aan salaris gemachtigde.