The Tribune

By NICO SCAVELLA

Tribune Staff Reporter

nscavella@tribunemedia.net

A FORMER Sun Oil employee is suing that company for accusing him of stealing over 41,000 gallons of gasoline a year ago, suggesting he was made out to be the fall guy in the matter.

Michael Clarke claims the FOCOL Holdings subsidiary blamed him for stealing approximately 41,277 gallons of motor gasoline from a ship “as a means of deflecting from and disguising the truth about what happened to the oil.”

According to court documents filed in support of the suit, Mr Clarke said he initially discovered the shortfall of 41,277 gallons of gasoline in February 2017, but claims the “highly prohibited” act of washing the tanks while the gasoline was being discharged from the ship by the vessel’s first mate caused the gasoline to be washed overboard.

Mr Clarke said despite Sun Oil being privy to “credible” information about the tanks being washed - and it being “practically impossible” for him to have stolen so much gasoline given all the “safeguards” in place - he was still “singled out” as a “fraudster” and a “thief” by Sun Oil representatives during a meeting with about 40 staff members.

As a result of the accusations, which he said ultimately forced him to resign, Mr Clarke claims Sun Oil consequently tarnished his “otherwise spotless” reputation in the industry.

As a result, Mr Clarke is seeking damages for breach of contract; injury and for hurting his professional reputation; wrongful dismissal; severance pay for 29 and a half years and pay in lieu of notice; equitable relief and costs.

According to Mr Clarke’s statement of claim, he worked as an “experienced professional” in the local oil industry for several years.

He said around 11pm on or about February 2, 2017, he was contacted by Kareem Smith, the fleet supervisor, to report to work immediately and to “hurry” in offloading a ship named the Atlantic Sun that had come in from Freeport behind schedule.

Mr Clarke reported to work and carried out Mr Smith’s instructions by hastily processing the ship. Mr Clarke reviewed the ship’s bill of laden and also carried out the required checks. The following day, while conducting a reconciliation of the inventory received and the bill of laden, Mr Clarke discovered a shortfall of 41,277 gallons of motor gasoline.

Mr Clarke immediately contacted Jonathan Pratt, his immediate supervisor, who has also taken legal action against Sun Oil in relation to the matter, and told him about the situation. On February 4, 2017, Mr Pratt reported to work and conducted his own calculations concerning the information he received from Mr Clarke and agreed with his conclusion.

Mr Clarke also informed Mr Pratt that on the evening he commenced the offloading of the ship, he observed several irregularities and violations to the procedure.

Those irregularities, Mr Clarke claims, were him meeting workers from Meezan Construction already on Sun Oil’s premises, notwithstanding there being no personnel from the Bahamas Customs Department or Aided Industries present to oversee the offloading process.

Additionally, Mr Clarke reported that sometime around 7pm on February 3, 2017 when he returned for closure, he discovered that the first mate of the ship had started washing the tanks while he was still in the process of discharging the gasoline from the ship.

According to Mr Clarke, washing the ship’s tanks at the same time while fuel is being discharged from the ship is a serious violation of protocol as it may result in fuel being washed overboard. Mr Clarke’s statement of claim said he, along with two other people who witnessed the incident, will give evidence in court to that effect.

Nonetheless, Mr Clarke asserts the violation of protocol by the chief mate of the Atlantic Sun directly resulted in the gallons of motor gasoline being washed or pumped overboard into the ocean.

Sun Oil conducted an internal investigation between February 4 and the 27, during which time Mr Clarke continued his regular work schedules without interruption.

On the 27th of that month, however, a staff meeting was held, during which a Mr Adderley said Mr Clarke and Mr Pratt committed acts of fraud in order to facilitate and aid in the theft of the gasoline.

Mr Clarke said some 40 staff members were present during the meeting, inclusive of line staff, personnel from local gas stations and management personnel such as Sun Oil President Anthony Robinson; Managing Director Dexter Adderley; Human Resources Manager Esther Gibson; Deputy General Manager Clifton Rolle and Operations Manager Ian Smith.

On February 28, 2017, Mr Adderley instructed Mr Clarke to go to the Central Detective Unit (CDU) and give a report in relation to the matter. Mr Clarke said he did so, but under the impression that he was appearing as a representative of Sun Oil to provide assistance and guidance in the investigation.

Instead, Mr Clarke said upon arriving at CDU, he was immediately arrested, stripped of his cell phone and personal items and taken into custody in relation to a complaint made against him by Sun Oil for stealing by reason of employment. He was placed in a holding cell at CDU and later questioned and released.

On or around March 1, 2017, Mr Clarke said he received a letter from Mr Adderley, stating he was suspended from work “until further notice” while CDU officers investigated the matter.

Mr Clarke claims that during the 30-day suspension, no investigations of Sun Oil’s premises or the Atlantic Sun were carried out by CDU officers. He further claims neither the captain, first officer, crew nor staff of the Atlantic Sun were arrested, detained or questioned.

Conversely, Mr Clarke claims the “sole focus” of the CDU’s investigation was on himself and Mr Pratt as a result of Sun Oil’s complaint.

While on suspension, Mr Clarke said he spoke to several employees at Sun Oil who told him it was “general gossip” among the staff that he was suspended for stealing the oil and that he was being investigated for prosecutorial purposes.

Mr Clarke said on or about April 1, 2017, he received a letter from Mr Adderley to return to work. Mr Clarke said he then asked about the outcome of the investigation, to which Mr Adderley replied by saying that it was still pending.

Mr Clarke said he told Mr Adderley that the way the matter was being dealt with by Sun Oil’s management had caused him to feel deeply embarrassed and depressed, and that he would consequently need more time off from work. Mr Clarke said his request was granted.

Upon returning to work on or about April 10, Mr Clarke attempted to resume normal duties and functions, but said he could not perform his job properly due to the “overwhelming feeling of being stigmatized by staff members as a thief.”

On April 12, 2017, Mr Clarke’s attorneys wrote a letter to Mr Adderley setting out their client’s claims and concerns and a request for a formal meeting to address the issues.

On or about April 18, Mr Clarke reported to work but said he again felt like he could not effectively perform his duties. He told Mr Adderley that in order for him to resume his duties without being branded as a “fraudster and a thief,” he would need a formal letter of vindication from the allegations of misconduct and more importantly, the “stigma of stealing by reason of employment attached to his professional reputation” as a result of the statements made in the general meeting as well as the suspension.

Mr Clarke claims Mr Adderley refused to do so, and instead provided him with a “brief letter” stating the investigation was ongoing and that he had to return to work. Additionally, on April 24, Mr Adderley wrote Mr Clarke and advised him that if he did not return to work and resume his normal duties, he would be deemed to have abandoned his position and resigned from the company.

Mr Clarke said he took Mr Adderley’s letter to mean his concerns were being “deliberately ignored” and that he was being “constructively dismissed” from the company. And as a result of his view that he was being constructively dismissed, Mr Clarke submitted a letter of resignation to Sun Oil.

On May 23, 2017 Sun Oil provided Mr Clarke with a letter setting out details of its final payments to him in the amount of $517.19 as full and final settlement of all monies claiming to be due and owing to him from the company.

Nonetheless, Mr Clarke maintains Sun Oil, via Mr Adderley, had the “necessary information” or access to that information to satisfactorily conclude that he could not have stolen the gasoline under the circumstances.

Mr Clarke is represented by Troy Kellman of Hanna, Kellman and Associates.