Special Report
Beach Club Fires Striking Workers
Following a strike by employees of BeachClub Hotel and Dive Resort last Wednesday, 6th December, 34 ofthe 35 workers who participated in the protest were dismissedby the hotel on Saturday, 9th December.
The strike, called to highlight charges of gross underpayment,working beyond normal hours without overtime pay and other allegationsof poor working conditions at the Seven Mile Beach property, wasorganized by the National Alliance for Cayman Islands Employees(NACE), which represented the workers.
On reporting for work on Saturday morning, each of the 34 employeeswas presented with a letter, signed by the "management"of Cayman Resort Hotels, which operates Beach Club.
It read: "Your failure to report to work on December 6th,2000 and your participation in a demonstration against CaymanResort Hotels amounts to conduct pursuant to which we regard youremployment with us as being terminated by you."
Employees were further advised to collect their final chequesat the hotel's accounts office on Tuesday, 11th December and thatthey would be permitted on the property at 9:00 a.m. "forthe sole purpose of collecting your personal belongings, undersupervision and you are to depart from the property immediatelyafter. You are not to have any further presence on any areas ofthe property as this would be considered trespass, which is acriminal offence," the letter stated.
When Cayman Net News visited Beach Club last Saturday, securityand police personnel were present and employees were ordered offthe property by the hotel's management, after the dismissal letterswere issued.
When pressed for a comment, Mr. Ernest Smatt, principal of CaymanResort Hotels, referred the newspaper to his company's attorney,Mr. Michael Alberga, who, he advised, was away from the islanduntil Tuesday, 12th December.
As Cayman Net News went to press, questions faxed to Mr. Smattfor a response remained unanswered. Both he and the hotel managerwere said to be "off the property."
Among the questions submitted was an inquiry in respect of theMr. Smatt's function at Beach Club, as it appeared that that hewas directing operations at the hotel. He was also asked to commentof the hotel's plans for its continued operation, given that nearlya third of its employees were dismissed, and what avenues werebeing explored for their replacement.
Dr. Frank McField, General Secretary of NACE, told Cayman NetNews that the hotel had been advised by the union, in a letterdated 8th December, that all employees who took part in the industrialaction would report for work on Saturday morning and would "continueto work under the terms of their existing contract."
A minimum condition for the return to work was that the unionbe allowed to discuss working conditions with the hotel's lawyer,upon his return to the island, he added.
The hotel, in response, advised the union via two letters fromits attorney's office on Friday, 8th December, that 'as a consequenceof the action taken by NACE and the false and misleading statementswhich appeared in the newspaper today, a decision has been madenot to re-hire any of the staff who terminated their contractof employment by walking off the job."
Dr. McField said that he told the employees to report for workon Saturday, 9th December, since they had not terminated theiremployment, but should turn up to see if the hotel's interpretationof their action was termination of their services.
In its letter to Beach Club, the union also requested "adraft new master contract setting out revised terms and conditionsof employment," by noon on Wednesday, 13th December, followingwhich NACE would submit its comments on the draft, by 5:00 p.m.on Friday, 15th December.
It warned the hotel that industrial action would resume immediately,if the draft master contract were not received or if attemptswere made to "dismiss or otherwise sanction any employeefor their industrial action," or should any employee be "preventedfrom enjoying complete access to their accommodations providedby you, after 9:00 a.m. tomorrow." (Saturday, 9th December).
However, Dr. McField said that at this time, NACE is not takingany further industrial action. "We are trying to get an understandingin their s community that the action (by the hotel) was a resultof unlawful action of the employer and because of this the employeesshould not suffer any additional penalties."
He said the union is interested now in taking the matter to Tribunaland the courts. A complaint regarding unfair dismissal has beenmade to the Labour Board, he said, and civil action is being contemplated.
Dr. McField said that the union was 'hoping that the governmentwill assist in making it possible for the affected employees tohave the time to seek the appropriate remedies for their grievances.
The union, he said will be working to find jobs for the dismissedworkers and to raise funds to support them while they seek newemployment. To this end, a fund-raising Christmas party will beheld at the George Town Library parking lot of 16th December,Dr. McField disclosed.
"We're asking that sympathetic employers be allowed to offeremployment and that the Immigration Board considers granting workpermits to those who can find re-employment in the Cayman Islands,"he added.
The majority of Beach Club employees are Jamaican's, who wererecruited in their home country, by International Employment Services,an agency representing the hotel.
Last week, employees told Cayman Net News that Mr. Smatt himselfconducted the employment interviews. They said that they wererequired to pay US$1,500 to secure their employment and that thiswas later deducted from their paychecks in installments.
An examination of pay advices from Cayman Resort Hotels confirmeddeductions of $20, as "loan" repayment for the $1,500.
Complaints about low wages - a little as $126 paid to a cook fora week's work, including gratuities - were also substantiatedfrom pay records.
NACE has pointed to 'continuing and persistent breaches of theLabour Law' by the hotel.
In refuting statements that the ministries of Labour and Tourismwere not given the opportunity to intervene prior to the industrialaction, Dr. McField noted that from as early as 5th April, 2000,the union requested the Director of Labour's investigation ofthe hotel's alleged breach of Section 27 (1) of the Labour Law,regarding overtime pay.
The then Minister with responsibility for Labour, Hon. JuliannaO'Connor-Connolly was also advised of the situation at the resort,he said.
The union said that it had supplied proof to the Labour Departmentthat employees were allowed to work up to 80 hours per week withoutbeing paid overtime, as required under the Labour Law.
It had also asked the Labour Board to investigate gratuities,which it said were far below what should be expected.
More recently, in a letter dated 5th December, NACE advised theImmigration Board of its concerns with Cayman Resort Hotels andgave notice of the industrial action. The letter was copied tothe Acting Governor, Hon. Roy Bodden, Minister of Education, HumanResources and Culture ( with responsibility for labour) and 'afew British MPs."
Meanwhile, in a release dated 11th December, the Immigration Departmentsays that it has implemented a new policy regarding minimum salaries,particularly in the hospitality sector, in response to concernsabout wage rates raised with some of the major hotels, which theBoard says have 'gone unheeded."
It noted that in some instances salary levels were as little as$2 per hour.
With immediate effect, the Board requires a minimum salary ofCI$4 per hour, plus gratuities for unskilled and semi-skilledpositions.