The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

An Atlantis shift engineer’s claim for wrongful dismissal has been rejected after himself and other employees were caught gambling in the electrical room on the Reef’s 20th floor.

Ingrid Cooper-Brookes, the Industrial Tribunal’s vice-president, found that Romese Williams was “lawfully terminated” from his post because there was sufficient evidence to back Atlantis’ claim that he had committed “gross misconduct” by gambling for money on hotel premises during work hours.

The shift engineer, who earned $425 per week during his near seven-year employment with the Paradise Island mega resort, alleged he had been scheduled to work at both the Cove and Reef towers on July 31, 2014.

Mr Williams claimed that his supervisor, Dorothy Martin, had asked him to check the electricity supply in guest room 20916 at the Reef. He asserted that the power was off, which required him to go to the Reef’s electrical room to reset the breaker. 

While there, Mr Williams said he saw two other unnamed engineers sitting there and talking. After resetting the breaker, it was only as he exited the electrical room that he saw Troy Capron, Atlantis’ technical systems manager; Leonardo Deleveaux, a plumbing manager; and Sydnease Rolle, a security guard.

Mr Williams was told by Mr Deleveaux to go to Atlantis’ security investigations manager to file a report, “but once there refused to answer any questions” because no hotel union shop steward was present. None could be found, and the shift engineer was told moments later he was suspended without pay for two days.

Termination duly followed, but Atlantis’ witnesses all contradicted Mr Williams’ evidence - particularly that there was no instruction for him to enter room 20916 in the Reef. And Mr Capron’s evidence described the panic among the gamblers when they were caught.

“In my attempt to gain access to the room, another employee prevented me from entering the room by pulling the door,” Mr Capron alleged. “He shouted towards the other employees in the room, including [Mr Williams]: “Bey, ya’ll clean it up. I tell ya’ll to clean it up.

“During this period I was able to poke my head into the room and observed the employees, including the applicant, moving cards and cash from the table. A few seconds later, the applicant, who had no authorisation to be in the electrical closet, exited the same and proceeded to the staff elevators without explanation.

“Finally, after gaining access to the room, I discovered playing cards on the ground with cash on top of a chair in the room. I also saw a table surrounded by two chairs and a ladder. It was during this period that another employee remained in the room collecting the cards and cash which he secured in his pocket.”

Photos of the cash and cards were recorded for evidence by Mr Capron and, while Mr Wiliams said there were no photographs of himself in the room, Ms Cooper-Brookes’ own verdict pointed out his own testimony placed himself at the scene.

Ms Martin also refuted Mr Williams’ testimony, asserting that he had not been assigned to the Reef’s 20th floor and that there were no issues relating to room 20916 since no guest complaint had been made and recorded in Atlantis’ system. And, even if he was assigned to the Reef, the relevant breaker would have been behind the room door, not the electrical room.

Atlantis launched its own investigation, during which Mr Williams refused to answer any questions. Tameka Forbes, Atlantis’ vice-president with responsibility for labour matters, then testified that a hearing was held where Mr Williams was supported by representatives from the Bahamas Hotel, Catering and Allied Workers Union and given a chance to rebut the allegations against him.

While a review committee subsequently recommended that Mr Williams’ termination be reconsidered, Ms Cooper-Brookes said there was no obligation on Atlantis to adopt this. Finding that the resort had conducted a reasonable and thorough investigation, she dismissed the wrongful dismissal claim. 

Mr Williams received $1,834 in “earned pay”, which the Industrial Tribunal vice-president ruled was appropriate compensation.