Appeals Court Upholds Dismissal of Atlantis Workers’ Unfair Dismissal Claims – Eye Witness News

Nassau, Bahamas — Court of Appeals Upholds Supreme Court Judge’s Dismissal Decision a Wrongful dismissal claim by former Atlantis casino slot manager fired for ‘serious misconduct’ at work, says surveillance footage speaks for itself as violations ‘caught on camera’ did.

Pamela Walkin has appealed the entire ruling by Judge Diane Stewart earlier this year in favor of Walkin’s former employer. He had been fired for serious misconduct such as taking a time break and sleeping in the guest area for 45 minutes.

Walkine was first hired by Paradise Enterprises Limited in 1989.

The Court of Appeal said that it As the principal factfinder, it investigated the violations that led to Walkin’s dismissal and convinced her that Walkin had committed a “fundamental breach of his employment contract” or had “behaved in a manner contrary to the fundamental conditions.” to determine whether Employer Interests”.

“This was clearly done by the judge,” the Court of Appeals noted.

“Undoubtedly, a single breach by an employee may not reach the level of a fundamental breach of the employment contract warranting immediate termination.

“But this was not the case. In this particular case, the judge held that (considering the appellant’s duties and responsibilities as the defendant’s slot shift manager) each act or breach Moreover, as is evident from the ruling, the learned judge held that all breaches recorded in the notice of termination (as well as the defendant’s) constitute a fundamental breach of contract by the appellant. We felt that we collectively met the statutory standard to justify a summary dismissal.”

The court added, “After an investigation was requested to monitor appellant’s shift, as the judge discovered, appellant’s conduct was captured on surveillance footage.” He noted that when Walkin was presented with evidence against her at the April 4 meeting, he not only admitted to her actions but sought to justify them.

“We fully agree with defense counsel on the defendant’s allegation that the CCTV surveillance footage spoke for itself. There was no need for an inquiry or inquiry, ”the court ruled.

“Furthermore, given the appellant’s refusal to view the footage and the fact that she admitted to her actions, tried to justify them, and apologized, the investigation was fair and reasonable. It is impossible to criticize the final conclusion of a learned judge, and therefore the appellant’s dismissal is not unjustified.”

The company fired her for allegedly violating multiple policies between June 23 and 27, 2016, according to court documents.

She was also accused of sleeping for 45 minutes in the guest area, Dragon’s Nightclub, but Walkin claimed the area was closed to guests at the time and was dimly lit. I denied resting in the view, but the shifts were often grueling, and the only rest area for the cemetery shift from 2am to 10am was in the basement, nearly ten minutes away.

Walkin also claimed that the five days she complained about did not compare to nearly 30 years of satisfying and dedicated employment. However, he did not reveal more. Appeals Court Upholds Dismissal of Atlantis Workers’ Unfair Dismissal Claims – Eye Witness News

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