Julia Louise Oliver v Bahamas Electricity Corporation

• Jurisdiction: Bahamas
• Court: Industrial Court (Bahamas)
• Judgment Date: 28 April 2006
• Docket Number: No.87 of 2003

In the matter of the Industrial Relations Act

And

In the matter of the Employment Act 2001

Julia Louise Oliver

Applicant

and

Bahamas Electricity Corporation

Respondent

No.87 of 2003

INDUSTRIAL TRIBUNAL

NASSAU

Counsel for Applicant — Mrs. Clarita Lockhart

Counsel for Respondent — Van Gaitor Esq.

DECISION AND REASONS:

The Facts:

1 The Applicant commenced employment with the Respondent in February of 1990 and was at all material times employed as a cashier.

2 The Applicant claims damages for wrongful dismissal against the Respondent inasmuch as she was summarily dismissed on June 27, 2002, after having been wrongfully accused of committing acts of impropriety and misappropriating funds of the Respondent without having been given a fair hearing or an opportunity to defend herself against the accusations.

3 The Applicant further alleges that the Respondent discriminated against her and treated her unfairly because “moneys were missing from other cashiers and none of them

4 The Respondent in its Defence avers that the Applicant was breach of her contract of employment insofar as she had committed acts of “dishonesty, gross negligence, incompetence gross misconduct and misapppropriation of funds” belonging to the Respondent.

5 In particular the Respondent avers that the Applicant in her capacity as cashier “failed to balance her receipts with cash collected or otherwise account accurately for float and cash receipts over a period of four (4) months which resulted in significant cash shortages and in the amounts indicated on the following occasions:

• 1. 2 ^nd February, 2002———— $2,000.00

• 2. 29 ^th May, 2002———— $1,800.00

• 3. 5 ^th June, 2002———— $2,700.00 plus $143.00 shortage in

  TOTAL $6,643.00”

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

The Evidence:

7 The Applicant testified that she was stationed at the Raspondent's main office on Blue Hill & Tucker Roads for twelve (12) years, but she had only been promoted to the position of cashier two (2) years prior to her termination.

8 She said that prior to that period, she worked, on the switchboard fox about nine (9) years, and then in the Customer Services Department for one (1) year.

9 The Applicant testified that over the ten (10) year period. prior to her promotion to cashier, she had no problems with work assignments and never received any written reprimands. She said that her supervisor during her entire. she had a good relationship with her; in fact she enjoyed a good working relationship with all of her peers.

10 She said that when she was transferred to the Cashiers' Department she received no prior formal training as a cashier. She received a letter stating her “grouping” and confirming, her promotion to cashier. She received BO written instructions as to her functions in that capacity — no written instrtictions as to how to handle cash.

11 She said that she was trained by Mrs. Parnell Barker for one (1) day as to how to receive cash, to operate the machine and to balance at the end of the day — that was it. She was merely told to go through all of the cheques and the money that she had sent through.

12 She said that if she did not balance she would go into the machine and check all of the transactions for that particular day in order to ascertain whether she had entered anything incorrectly. If she still could not balance she would then refer the matter to her supervisor. She did. not know what procedure ensued after that.

13 The Applicant testified that she recalled about three (3) occasions that she did not balance since she became cashier. It would not necessarily mean that money was missing.

14 She pointed out that about four (4) cashiers would be working in the Cage most of the time. During lunch break two (2) or three (3) cashiers would remain.

15 Cash would be kept in the register which had locked drawers. At the time of the missing funds on June 5, 2002, there were locks on the drawers, of the registers. She said however that prior to that time, the drawers could not lock.

16 She testified that she received keys to her register about one (1) month before June 2002. She noted however that she was not the only person with a key to the drawer; her supervisor had a key.

17 She said that when she discovered the shortage on June 5, 2002, she brought. it to the attention her supervisor, and asked her to assist. Her supervisor tallied the accounts for the day but could not reconcile the error.

18 The Applicant testified that she west for lunch at about twelve noon after lacking both registers—the top one where the float is kept; and the other one on the side. where large amounts of money and cheques are stored.

19 She said that prior to leaving for lunch she left the key to the register in between the phone book and the phone.

20 She returned from her lunch break in about 1 ¹/₂ hours time, and immediately discovered that her. keys were missing. Consequntly, she could not get into the register.

21 She alerted her supervisor who called someone from the Management Information Systems (MIS) Department, but he could not get the register open either.

22 Her supervisor said that she would have to contact Mr. Brian Albury to see if he had a key, but apparently she was unsuccessful in contacting him, becauae she gave her Borne change from her office to work with in the interim.

23 She testified that she knocked off at about 4:30 pm., and she recalled that at the and of the day, Mrs. Neely opened the drawer but fee did not know how she did it.

24 She said that cashiers are rotated from station to station — The Mall—Main Office—Post Officer, and that it was customary for them to leave their keys for incoming cashiers on rotation. She noted also that this practice allowed someone else to work with her register in her absence.

25 The Applicant testified that on the previous occasions when she did not balance, she did not receive any warning letters.

26 She explained that on June 5, 2002, her supervisor checked all of the money, and that, she explained that she had moved US$100.00 and US$50.00 that she was changing for someone, and therefore, rested it on the side of her bag. She explained further that a lady from her church had given her equivalent Bahamian dollars, and that she had intended to change the money from her float, for her.

27 The Applicant testified that her supervisor did not accept that explanation and got angry, pointing out. that the US$150.00 was not supposed to be on top of her bag. Her supervisor refused to accept the Bahamian dollars in lieu

28 She said that during the course of her training she was never told that she could not change money in that fashion; to the contrary, she pointed out that supervisosrs like cashiers to keep U.S. dollars for them.

29 She testified that her supervisor did not indicate that she thought that she had stolen the money. She did however indicate that she was going to call Ms. Edris “Wilson” (Manager, Customer Services) and Brian Albury (Assistant General Manager, Customer—Services) to assist with attempts to reconcile her imbalance.

30 Apparently she could not get in touch with either of them So she called Mrs. Barker at the Mall branch. She noted that two (2) of the other cashiers had already left for the day, but one (1) still remained.

31 She said that at the time that she went for lunch, two (2) cashiers remained in the Cashiers' Cage, but in her immediate work area, there was just Marva Newchurch. Nadine Rolle was in the Cashier's cubicle behind her.

32 The Applicant testified that there was one (1) camera in the Cashiers' Cage trained on the door which was able to monitor anyone-entering therein. She confirmed that she had a shortage in excess of $2,000.00 on June 5, 2002, but that the police were not called to investigate.

33 The applicant was then referred to an internal memorandum. from the Customer Relations Manager to the Chief Financial officer dated June 19, 2002, which read as follows:

“Re: Cash Shortages

Durirng the past twelve (12) month period the Cashering Section has experienced a number of situations with cashiers where there have been cash shortages. The following are situations that have been brought to my attention:

Date	Name of Cashier	Amount of Shortage $200.00 Float	Action
1 st Jul 01	Marva Newchurch	$2000.00 float	Re-imbursed
27 Jul 01	Vianna Gibson	$717.00
17 Oct 01	Yvette Gibson	$2000.00
5 Feb 02	Julia Oliver	$2000.00
17 Apr 02	Tanya Williams	$1018.00
29 Haw 02	Julia Oliver	$1800.00
5 Jun 02	Julia Oliver	S2843.00 ( $143. Float)

In each of the above instances extensive investigations were conducted to verify the losses and determine the cause, if error delated or system related. Each cashier was addressed individually in the presense of union reprentation and advised: of their responsibility for the related loss, that it must be paid back to the Corporation and that they would receive letters of reprimand. All agreed to re-imburse the Corporsttion, as indicated on the attached signed salary deduction forms except Julia Oliver.

At a general section meeting during the month of February, 2002, all cashiers and supervisors were advised that a Cash Handling Policy was being prepared. The draft document for this policy has only just, be been completed.

It is our view that in the first instances, some degree of leniency was allowed each cashier. Leniency was extended because of first time. occurrences. However this will not continue to be the custom or practice where Corprotion funds are found missing. Additionally, this is the third incident involving Ms. Oliver and the following should be noted:

• 1. Ms. Oliver was the only one to refuse outright to pay the loss, in the first...