Gwendolyn Smith v Kerzner International Ltd {formerly, “Sun International[Bahamas] Ltd”}

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 27 February 2004
• Docket Number: No.642 of 2002

In the matter of the Industrial Relations Act

Gwendolyn Smith

Applicant

and

Kerzner International Limited {formerly, “Sun International[Bahamas] Limited”}

Respondent

No.642 of 2002

INDUSTRIAL TRIBUNAL

NASSAU

Counsel for the Applicant — Ms. Rawiya E.S. Hanna

Counsel for the Respondent — Mrs. Rionda Y. Godet

DECISION AND REASONS

The Facts:

1 The Applicant, age 40, commenced employment with the Respondent in the capacity of cashier at Atlantis Casino on October 3, 1988.

2 The Applicant alleges that she was wrongfully dismissed by the Respondent on December 16, 2001, and claims damages for wrongful dismissal together with ancillary pecuniary loss flowing from her wrongful dismissal including pension benefits, one week's salary representing Christmas bonus and the sum of $100.00 representing the value of a voucher for a Kelly's ham and turkey.

3 The Respondent avers that it terminated the Applicant's employment on December 10, 2001, for just cause inasmuch as its investigations revealed that the Applicant had engaged in violation of the Respondent's control policies and the Gaming Regulations, “…when she allowed the exchanging of tokens for cash…”; and further, the Respondent avers that the Applicant had committed other misconduct which in the aggregate gave the Respondent just cause for her summary dismissal.

4 In the circumstances the Respondent avers that the Applicant is not entitled to any damages for wrongful dismissal or at all.

5 At the time of her summary dismissal the Applicant's salary with the Respondent was $300.00 per week.

The Evidence:

6 Under examination-in-chief, the Applicant testified that she was hired as a change cashier and that her duties at the time was to “walk the floor” and sell coins to the patrons.

7 Her starting salary at the Respondent was $150.00 per week. She said that she signed a letter of employment when she commenced employment with the Respondent.

8 About one year after she commenced employment with the Respondent she was evaluated and her salary was raised to approximately $170.00 per week; she became a main bank cashier at a salary of $170.00 per week.

9 Her duties in that position were:

• (i) Ensuring that all cashiers on the floor had money.

• (ii) Ensuring that all cashiers in the carousels (booths where coins were sold) had money.

• (iii) Ensuring that at all times she had sufficient funds to supply the cashiers needs relative to hopper fills, jackpots etc.

10 The Applicant testified that the Hard Count room was the room where coins were counted by a team comprising of Mr. Jerry Butler (supervisor of the hard count team); the hard count team, and a Gaming Board officer.

11 She said that the only thing she did in the Hard Count Room was to count the coins (casino coins) and ensure that they tallied with what Jerry Butler and the Gaming Board officer said.

12 She said that normally she would be the only person on her shift unless a supervisor directed that another person assist her in checking the coins e.g. when there was a problem from the previous shift in balancing.

13 The Applicant testified that her modus operandi in tallying the coins was by counting the bags which were segregated into various denominations, e.g. $1.00 bag — 400 coins; 25-cent bag — 500 coins.

14 She testified that on the 8:00 a.m. shift she would sometimes participate in the counting of hopper fills along with Surveillance, a Gaming Board officer, a security officer and a supervisor. This count would be with respect to coins collected up to 12 midnight.

15 She said that because no supervisor is on shift between 12 midnight and 8:00 a.m., they were not allowed to make up $100.00 hopper fill bags; they could only do this in the presence of supervisors. She said further that she did not always make up the slips attached to the bags.

16 The Applicant testified that although they had a program of general orientation when they commenced working with the Respondent, there was no specific orientation for casino employees. She did however attend seminars relative to her work.

17 She said that only supervisors had access to the main bank apart from main bank cashiers. She noted also that sometimes she would work as an ordinary cashier as opposed to a main bank cashier.

18 The Applicant testified that she never exchanged any coins for cash except where slot technicians who needed to check the machines requested coins. She noted that after they checked the machines they would return the casino coins.

19 The Applicant testified that in these instances Surveillance always knew exactly what was going on; furthermore, a security officer was always there.

20 In any other circumstances she testified that if she wanted to change coins to cash she would have to do so with the authority of a supervisor, e.g. Miss Linda Major; and in these instances a record of the transaction would be kept.

21 She said that contrary to the allegation, she never asked Cleanne Dames to exchange coins for cash except with the permission of a supervisor. She noted however that they were allowed to exchange coins representing their tips for cash, and that there was a log book on the table into which those transactions were entered.

22 The Applicant categorically denied ever removing money from any of the sealed hopper fill bags.

23 In relation to the events leading to her termination the Applicant testified that she believed that she had been off for three days, and when she returned to work Linda Major told her that Lona Wells, the Director of Change, wanted to see her in her office. She went to Lona's office, and was directed to the Board Room where she met with Lincoln Hercules, Alan Pinder, Lona Wells, Linda Major, Alvin O'Brien (Security Supervisor), Perez [Clinton Adderley](in charge of Surveillance) and Philip Johnson (Security Supervisor).

24 The Applicant testified that Lona showed her a tag of a bag, and told her that the money relative thereto was missing; it was a $100.00 bag. She inquired about the money, and the Applicant said that she responded that she did not know what she was talking about. The tag was dated December 8, 2000. Lona then told her that cashiers were alleging that she (the Applicant) steals. She said that Lona also indicated that other persons were being investigated as well.

25 The Applicant testified that at this juncture Mr. Hercules interjected, “Where is the man damn money?” she said that she replied, “I don't know where the man damn money is!”

26 She said that Alan Pinder then said that he was not accusing her of anything, because there was no proof. Perez also said that there was no proof against her.

27 Lona then said that Ulysses Dean said that she “tiefs”.

28 The Applicant said that she trained Ulysses Dean, and in fact trained most of the cashiers that came into the area.

29 She said that contrary to his written statement, she never told Ulysses Dean that she removed money from any sealed bags.

30 She also recalled that in the meeting Linda Major said, “Gwen you are from the old school!”

31 All of the persons at the meeting in the Board Room were asking questions. Linda Major accused her of being slick. She indicated that she was going to suspend her for four days pending further investigation.

32 At this juncture Lincoln Hercules advised that if they did not have any proof on her they better know what they are doing.

33 The Applicant testified that indeed she was suspended for four days.

34 She said that when she returned to work she was suspended for a further four days.

35 She met again with management — with everyone except Lincoln Hercules. This is when Mrs. Wells asked her why she did not resign, because she did not want to put anything negative on her file.

36 Mrs. Wells handed her a piece of foolscap paper and said that she might as well write her letter of resignation on that. The Applicant said that she refused to do so.

37 The Applicant testified that when she returned from her second suspension the Respondent fired her. She said that she denies all of the Respondent's allegations, and emphasized that whenever she exchanged coins for cash she did so with permission.

38 She said that since her termination of employment with the Respondent she tried to find work at the Princess Margaret Hospital, First Home International and Commonwealth Bank. She said that they all said they would have to get back to her.

39 She said that she continued attempting to find work until she became ill in February of 2003.

40 Under cross-examination the Applicant admitted that she was subject to provisions of the Employee Handbook of the Respondent which provided inter alia at page 30 thereof that “failure to strictly observe all company control procedures generally or specifically” is a conduct violation of the Respondent; and again at page 27:

“It is the policy of Sun International Bahamas that no employee who has successfully completed his probationary period be disciplined or discharged without just cause. Forms of disciplinary action include:

• 1. Oral reprimands

• 2. Written reprimands

• 3. Suspension from work without pay

• 4. Dismissal

• 5. Demotions

• 6. Re-assignments”

41 She testified that she was a main slot cashier in the ‘old casino’ which became the ‘new casino’ in 1998. She maintained that as in the ‘old casino’ there were three types of cashier in the ‘new casino’, viz., change cashiers (who walked the floor), coin redemption cashiers and main bank cashiers.

42 The Applicant pointed out under cross-examination that she hardly ever kept broken (loose) coins, because Alan Pinder had expressed that he did not want cashiers to accumulate broken coins. But she said that as a consequence, and with Linda's permission she would always take the broken coins to a cashier and exchange them for cash.

43 While she acknowledged that it was not mandatory that the coins be exchanged for cash, she...