Camille Nicole Burnside-Rolle v Insurance Governors Ltd

• Jurisdiction: Bahamas
• Judgment Date: 17 May 2002
• Docket Number: No.563 of 2001
• Court: Industrial Court (Bahamas)

In the matter of the Industrial Relations Act

Camille Nicole Burnside-Rolle

Applicant

and

Insurance Governors Limited

Respondent

No.563 of 2001

INDUSTRIAL TRIBUNAL

NASSAU

Counsel for the Applicant — Ms. Pamela Brown

Counsel for the Respondent — Mrs. Bobbi Mclver

DECISION AND REASONS

The Facts:

1 The Applicant commenced employment with the Respondent under the terms of a letter dated February 23, 1999, as follows:

“Mrs. Camille N. Rolle

P.O.Box N 7659

Nassau Bahamas

Dear Mrs. Rolle,

Re: Underwriter

I refer to our meeting of February 10, 1999.

I would like to take this opportunity to welcome you to Insurance Governors with effect from Monday March 1, 1999, as an underwriter located at our office on Collins Avenue.

Your salary will commence at $19,500.00 per annum which is payable bi-monthly and in arrears. Your employment will be subject to a three month probationary period. {Tribunal' s emphasis} Annual holiday entitlement is ten days. In your first year, your entitlement is 8 days up to December 31, 1999. Office hours are 8:30 a.m. to 5:00 p.m. with an hour for lunch between 12:00 noon and 2:30 p.m.

I attach a copy of our office procedure manual for your assistance.

I trust that the offer of employment is satisfactory, and I will look forward to you joining our team.

Yours sincerely,

Nicholas R. Ward

President”

2 During the said probationary period, the Applicant's job performance was unsatisfactory to the Respondent, and by letter dated July 22, 1999, the Respondent confirmed the results of an evaluation meeting held with the Applicant as follows:

“PRIVATE & CONFIDENTIAL

Mrs. Camille Rolle

INSURANCE GOVERNORS

Nassau Bahamas

Dear Mrs. Rolle:

Thank you for your participation in your very productive probation evaluation meeting held recently with Mrs. Barraclough and myself.

We are comfortable that you have the capacity to function ably in your current position. Moreover, we appreciate your frankness in assessing your own performance.

However, we must point out that your lack of confidence in the company's products, that you admitted resulted in low productivity during your initial probationary period with the company, is of much concern. In addition, your record of tardiness and absenteeism, particularly that which occurred on July 2, 1999, and your reporting of the same, is unsatisfactory. Hence, as advised, your probationary period is extended to August 8, 1999. {Tribunal's emphasis}

We trust that your performance, in this regard, and subsequent evaluation after this period will prove satisfactory.

Thank you again for your continued efforts and contributions to Insurance Governors.

Yours sincerely,

Cheryl Walkine

Manager, L&H/Personnel”

3 The Applicant admits that her probationary period was extended to August 8, 1999. Subsequent thereto she received a letter of reprimand from her supervisor dated September 17, 1999 as follows:

“Mrs. Camille Rolle

Underwriting Supervisor

Nassau Bahamas

Dear Mrs. Rolle:

Despite the numerous conversations regarding your disrespect for superiors and your acts of insubordination, yet again today I note disturbingly two incidents which not only demonstrates insubordination, but lack of concern for the business of Insurance Governors.

• 1) The Receptionist informed you while you were leisurely sitting that there was a customer on the phone wanting information on Comprehensive insurance. You told the Receptionist that you could not give any information and to tell the customer to call back on Monday. When I asked you why you could not give the information, you said you were not going to give it and something to the effect that we had no electricity, which does not affect your giving a verbal quote or other information to the customer. You went on to say, very disrespectfully, that I must speak to the customer if I wanted to.

• 2) Shortly after this incident, you were again leisurely sitting down, and I asked you to take Claims information from a customer who was waiting in our presence as I had to deal with an urgent Personnel matter. You made a sarcastic remark and adamantly said “No” as it was not your responsibility. I stated to you that I expected you to take the claim as I was busy. You said okay and intentionally let the customer wait further until another customer came in who you attended to leaving the Claims Customer unattended. At this point Shavon was available and would have been able to take this new customer, yet in defiance you disregarded the Claims customer, and I ended up having to serve the customer.

Both of these incidents took place in the presence of Ms. Perica Plakaris and shows gross insubordination and will not be tolerated.

Please attend a meeting with Mr. Ward and myself on Monday 10:00 a.m. regarding...