Joel McDonald Adderley v Gulf Stream International Airlines Inc.

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 19 April 2002
• Docket Number: No.546 of 2001

In the matter of the Industrial Relations Act

Joel McDonald Adderley

Applicant

and

Gulf Stream International Airlines Inc.

Respondent

No.546 of 2001

INDUSTRIAL TRIBUNAL

NASSAU

Counsel for the Applicant — Obie Ferguson Jr. Esq.

Counsel for the Respondent — Ms. Paula A. L. Adderley

DECISION AND REASONS

The Facts and Evidence:

1 The Applicant, age 65, commenced employment with the Respondent in the capacity of Station Manager on October 16, 1995, having had extensive prior experience in the airline industry. Between 1961 and 1976 he worked for Pan American Airways, commencing as an operations agent, and when he ceased employment with Pan American he was an operations supervisor.

2 He was then employed by Nassau Flight Services between 1976 and 1979.

3 He gave no testimony as to his employment between 1979 and 1995.

4 The Tribunal is satisfied that the terms and conditions of the Applicant's employment with the Respondent included inter alia:

• i. Gulfstream International Airlines employee handbook.

• ii. Job Description {for Station Manager}.

5 With respect to the handbook, on October 24, 1995, the Applicant signed an acknowledgement of receipt thereof as follows:

“I hereby acknowledge that I have received a copy of Gulfstream International Airlines Co. employee manual.

I agree to comply with the policies and procedures of the company as set forth in the company employee manual. I also acknowledge that these policies and procedures may be changed, interpreted, withdrawn, or added to by the management of Gulfstream International Airlines at any time at Gulfstream's sole option and without prior notice to me.

I understand that my employment with Gulfstream International Airlines is not for any fixed period of time. I may resign anytime for any reason and Gulfstream International Airlines may terminate my employment for any reason or no reason so long as it is not in violation of the law.”

6 Page iv of the handbook provides:

“Gulfstream International Airlines prepared this handbook so that you will quickly become familiar with our management philosophy and professional goals, the benefits we provide, and your responsibilities as employees.

The handbook will not answer all of your questions concerning Gulfstream International Airlines or your responsibilities, but is designed to address those questions most commonly asked.

The provisions contained in this handbook do not constitute an offer or acceptance and are not intended as such. These procedures and instructions may be superseded by bulletins issued by authorized personnel, however, these bulletins will be incorporated in the manual at the earliest possible time to eliminate any chance of confusion as to correct company procedures.

You are responsible for reading this handbook, being familiar with its contents and keeping it up to date as changes, supplements and bulletins are issued.

We're happy to have you as part of our team. We look forward to your participation as Gulfstream International Airlines continues to grow.”

7 Under the rubric, “Infractions Which May Result In Immediate Termination”, it is provided:

“It would be impractical and impossible to attempt to set forth a list of all actions or activities that are illegal or considered contrary to good business practices and sound employee-employer relations. Therefore, the following basic rules are intended only as guidelines. The following list is not exhaustive and it is emphasized that employee conduct which, in the sole judgment of management, is not consistent with the company's interest, goals, and objectives may subject employees to disciplinary action up to and including termination depending upon the seriousness of the offence and other pertinent circumstances, even for the first offence…

Immoral, indecent, or illegal conduct on company property, and conduct on or off the job, which is in conflict with the company's best interest…”

8 The Applicant's Job Description included inter alia the following duties and responsibilities:

• “4. Ensure that employee conduct and personal appearance is maintained to company standards.

• 5. Determine staffing level needs for all station work shifts.

• 6. Ensure that all station personnel are properly trained and supervised in the performance of their duties.

• 7. Ensure that discipline is administered fairly and appropriately.

• 10. Assuring that all employees are kept informed of procedural changes and that company policies and procedures are being followed.

• 11. Ensure that safety rules and procedures are being followed…

• 11. Ensure that all local, state, and federal rules are complied with.”

9 During the course of the Applicant's training, he received ongoing certification as a General Safety Coordinator, and was well aware of the safety requirements of aircraft, and in particular, the requirements of the Respondent relative to the prohibition of the carriage of hazardous material on board its aircraft.

10 The Applicant testified that on January 12, 2001, he checked in six pieces of luggage at Continental Connections at Fort Lauderdale International Airport. He said three pieces belonged to his cousin, Francis Adderley. The luggage included at least two coolers, one of which belonged to him containing meats; the other(s) belonged to his cousin, and he was unaware of the contents thereof.

11 When the luggage exited the baggage chute in preparation for loading onto the aircraft, one of the coolers was apparently partially opened by the force of its ejection through the chute.

12 The Respondent lead testimony to the effect that the cooler in question contained hazardous materials which were absolutely prohibited from carriage on board its aircraft.

13 When the Applicant was confronted by Mrs. Janet Neasman, the Respondent's Fort Lauderdale Station Manager, he told her that the cooler in question belonged to his cousin who was accompanying him back to Nassau, and that he was unaware of the contents thereof.

14 Mrs. Neasman expressed her dismay and consternation at the Applicant's reply, because he was also a Station Manager, and hence quite aware of the strict prohibition against carriage of such goods on board the Respondent's aircraft.

15 The Applicant had checked in all six pieces of luggage, and as far as she was concerned had to take responsibility for all of them which bore his baggage identification tags and receipts.

16 Mr. Francis Adderley, the Applicant's cousin, was required by the Fort Lauderdale Station Manager, to remove the cooler in question from the premises.

17 The Applicant however was able to return to Nassau as scheduled on board the Respondent's aircraft on January 12, 2001.

18 In the interim, the matter was reported by Mrs. Neasman to the Respondent, and when the Applicant reported for work on January 14, 2001, he received a Notice of Suspension with respect to the incident, and subsequently a letter of termination dated January 23, 2001, as follows:

“Mr. Joel Adderley

Nassau Int'1...