Workers unlikely to display negligence in future: Arbitrator
Dismissal was an excessive amount of discipline for two Ontario casino workers who didn’t notice an underaged patron at the casino’s restaurant, according to an arbitrator.
The Great Blue Heron Casino was a First Nations-owned casino near Port Perry, Ont. Like all casinos in Ontario, the Great Blue Heron is subject to rules set by the Alcohol and Gaming Commission of Ontario (AGCO), including the prohibition of minors under the age of 19 from the premises. Casino employees were trained to ask for ID of anyone who looks less than 30 years old.
Katarzyna Skrzeckzkowski was a hostess and Jon Thompson was a server in the casino’s restaurant. Skrzeckzkowski was hired in 2018 and Thompson in 2005 and neither had any discipline on their record.
As a hostess, Skrzeckzkowski was normally positioned at the front of the restaurant where a line of patrons waited to be seated. She maintained a table chart and escorted patrons to their tables.
On May 26, 2019, Skrzeckzkowski seated a party that included a girl under the age of 19 along with her mother and grandparents. Thompson was the server for their table. The casino learned of this and was required to report the incident to the AGCO so the commission could conduct its own investigation.
Surveillance video depicted Skrzeckzkowski at the hostess podium for about 20 seconds while the minor was waiting in line and later walking by her table four times. It also showed Thompson coming to the table multiple times and looking directly at the girl.
The casino interviewed both employees and Skrzeckzkowski said she didn’t remember greeting a party with a young girl, saying that she may have been on a break. She also said it was a busy night and she was the only hostess on duty when normally two or three were working. She explained she was focused on the seating chart and helping clear tables, so her “mind was probably somewhere else.”
Thompson acknowledged noticing the girl but said he thought his supervisor had checked her ID. He admitted he should have checked and it was a “lapse in judgment” that was a “serious offence.”
The casino concluded that both Skrzeckzkowski and Thompson had committed a serious offence by allowing a minor inside. Because they didn’t initially admit culpability or regret, they couldn’t be trusted. The casino terminated their employment effective June 4. It also dismissed two security personnel and a supervisor.
The arbitrator noted that the casino was “fully entitled, indeed obligated, to treat the presence of a minor in the casino as a serious issue.” The surveillance video made it clear that Skrzeckzkowski and Thompson failed to identify an obvious minor and didn’t live up to their responsibilities.
However, the arbitrator found that the misconduct should be classified more as “mistakes” rather than dishonesty. Skrzeckzkowski missed identifying the minor because she was busy — her suggestion she might have been on a break was due to the fact she simply didn’t notice the girl, not an attempt to cover it up, said the arbitrator. And while Thompson should have checked for ID, he was under the assumption that it had already been done.
“While the employer’s skepticism is understandable, I am not satisfied that the responses provided by [Skrzeckzkowski and Thompson] during the investigation demonstrate dishonesty,” the arbitrator said.
The arbitrator also found that neither employee had anything to gain by overlooking the presence of a minor. Given the seriousness of the situation and their clean disciplinary records, the arbitrator determined that it was unlikely they would repeat their negligence. In addition, the fact that five employees were immediately discharged would serve as an appropriate message of deterrence for all employees, along with significant discipline short of termination for Skrzeckzkowski and Thompson, the arbitrator said in ordering the casino to reinstate both.
Reference: Ontario Gaming GTA LP o/a Great Blue Heron Casino and Unifor, Local 1090. James Hayes — arbitrator. George Waggott for the employer. Corey Dalton for the employee. Jan. 30, 2020. 2020 CanLII 5940
