Unable to establish that the allegations against her were part of a “set-up,” to get her fired, a hotel housekeeper was terminated after a guest complained that she had threatened him. The union grieved her termination.
N.B. had worked at the hotel as a housekeeper since 1997. There was evidence of some discipline on her record. According to the testimony of two guests who had come for a six-week stay at the hotel while attending a course, N.B. was apparently unwilling to accommodate their late night/late rising schedules.
Against explicit instructions not to enter the room before 2:00 p.m., she entered the room of one of the guests at 8:30 a.m. Asked to leave, she returned later in the morning and was asked again to leave and told not return before 2:00 p.m. She then phoned at noon to ask to clean the room and was once again told to come after 2:00 p.m.
White powder
At 1:45 N.B. knocked on the door and said, “Enough is enough.” She then entered the room whereupon she began rummaging though an empty beer case and interrogating the guest about some white powder she found in the case. Following a brief argument, the guest left the room to N.B.
The next day, the guest greeted N.B. in the hallway. She expressed suspicion about his courtesy and became obstreperous.
“I kill you”
Walking down a corridor two days later, the guest came across N.B. again. The guest testified that she glowered at him and when he came across her again later when exiting the restaurant, she formed her hand into the shape of a pistol, pointed it at him and said, “I kill you.” Following that encounter, the guest went to the front desk to request that someone else be assigned to clean his room.
While the other guest was not subjected to such hostility, he said that N.B. often called in the morning and had to be continually reminded not to clean the room before 2:00 p.m.
N.B. denied the allegations against her and said that they were part of a “set up” against her. She said that her supervisor did not like her and alleged that one of the guests and her co-worker were also participants in the set-up.
The union pointed out inconsistencies in the testimony against N.B. and argued that the employer had failed to meet its onus to establish the allegations of misconduct.
Just not credible
The Arbitrator disagreed. There may have been minor inconsistencies in the testimony of the guests about who put out the “do not disturb” sign on what days, but it was nevertheless clear that there were instructions not to enter their rooms before 2:00 p.m. — instructions that N.B. routinely ignored. But most importantly, the Arbitrator accepted the testimony of the guest who alleged that N.B. formed her hand into the shape of pistol and threatened him. Her denials and protestations that she had never met the guest were “just not credible,” the Arbitrator said.
Prior discipline
“An Employer, particularly one in the hospitality industry, is entitled to expect its employees will comply with the reasonable requests of its guests without harassing, arguing with or threatening them,” the Arbitrator said. “The conduct described in this case jeopardizes the relationship the Employer has with its customers. It is not required to accept such conduct. The conduct alone may give rise to just cause for discharge. In light of the fact some prior discipline is admitted and given my conclusion that the grievor has been untruthful, I do not find that this employment relationship is capable of being rehabilitated or that this is a proper case for mitigation of penalty.” The grievance was dismissed.
