Labour Court lifts suspension of Queen Elizabeth Hotel union delegate

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The Tribunal Administratif du Travail has overturned the suspension of a union delegate at the Queen Elizabeth Hotel, ruling that the disciplinary measure imposed by the employer was merely a “pretext to obstruct the work of the union representatives.”

The delegate, a hotel worker and vice president of the local union, was suspended for two days last December. The employer accused him of making untruthful remarks, using a condescending tone towards his superiors and showing insubordination by telling his colleagues they could leave work to attend a union meeting.

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The delegate denied these allegations and stated that he had acted within the scope of his union duties.

According to the employer, the accusation of a “condescending tone” stems from the fact that the employee representative was “persistent to the point of arrogance”.

However Court “By meeting with the reception manager to discuss the number of employees to be released to attend the general meeting, the complainant is clearly acting within the framework of his trade union duties.”

As for the accusation of “untrue” comments, Court The Commission considered that these were different views on both sides. As for the third allegation, namely encouraging colleagues to leave work to attend a union meeting, it ruled: “The evidence does not therefore support the conclusion that the complainant encouraged the other employees to leave their posts without permission.”

After hearing the evidence, the court concluded that “the reasons given by the employer for a disciplinary measure are in reality a pretext to obstruct the work of the union representatives.”

Therefore, the two-day suspension was lifted and the employer was also required to pay the employee compensation in the amount of lost salary and benefits.

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