The Tribune

By NEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A Baha Mar security supervisor lost his claim for wrongful and unfair dismissal against the mega resort after he videoed efforts to subdue a violent, drunken guest.

Ingrid Cooper-Brooks, the Industrial Tribunal’s acting vice-president, in a January 17, 2022, verdict found that Mr Glass had “committed a fundamental breach of his contract of employment” by breaching the prohibition on taking photos/videos of Baha Mar guests.

The security supervisor, who was earning $46,350 per annum when he was dismissed at end-January 2019, ran into trouble when he responded to an “altercation” between two guests - one of whom was unconscious - at the Grand Hyatt’s Bond nightclub at around 2.46am on January 18 that year.

“Both guests were heavily intoxicated and lying on the ground; one in an unconscious state,” Ms Cooper-Brooks noted in her ruling. “After the guest was revived he was escorted to his room by about eight security officers, including [Mr Glass] and the security manager, who had arranged for the surveillance department to monitor their movements.

“The guest struggled uncontrollably during the escort and, as they entered his room on the seventh floor, another security supervisor used his company-issued cell phone and video-recorded the incident.

“While the guest was being placed on the bed, he became combative and attempted to attack the security manager, who then decided that he should be taken to a holding room instead of involving the police. The guest continued to be combative while being escorted to the holding room.”

Mr Glass alleged that he was “asked by the other security supervisor” to resume video-recording because the latter’s phone battery was running low, and he complied. “During this time the guest was observed on surveillance cameras to be lying on the floor of the holding room, his clothes dishevelled, and partially naked,” the verdict recalled.

“The guest was returned to his room around 4am and video recording resumed as officers re-entered the room.” Five days’ later, on January 24, 2019, Mr Glass was asked by Baha Mar’s investigations unit to give a statement on the incident. 

He was then placed on five days’ suspension and, upon returning to work, met with Baha Mar’s director of human resources, Sharelle Rodgers, and the security director, whereupon he was summarily dismissed for violating the resort’s guest privacy and confidentiality policy.

Mr Glass, in giving evidence, admitted that the video recording he took breached this policy but argued that it was “justified to safeguard himself against any false accusations that may arise as the unnamed guest was already making allegations during the escort and he knew that there were some blind spots that surveillance would not be able to pick up on camera”.

While the recordings were to be used as evidence if accusations were made against him, Mr Glass said they were not to “be posted or shared, and he felt that he was doing the right thing”.

However, on his post-suspension return to work, he was told “that the guest was threatening to sue the hotel, and legal action could have serious consequences for the company if the matter went to trial, as the surveillance footage showing him recording the guest would be damaging”. As a result, Baha Mar decided to terminate his services.

Mr Glass, though, argued that his breach was not serious enough to warrant dismissal and asserted that Baha Mar had increased the seriousness of the offence without his knowledge, thus amounting to a unilateral variation of his employment contract.

Kellie Mackey, Baha Mar’s security manager, said he decided to “escort the revived guest to his room because he was incoherent and unaware of where he was”. While the guest was “difficult to manage”, and “attempted to strike him” at one point, he added that at all times he was under control and monitored by Baha Mar’s surveillance cameras.

The security chief added that he never instructed Mr Glass or other members of the team to video record the incident, adding that at one point he told them this was not necessary because it was all being captured by the resort’s cameras. Breaching the ‘no recording’ policy, Mr Mackey said, “had the potential to negatively impact repeated guest visits/business”.

Ms Rodgers, the human resources head, said that the guest was “coherent enough to know that he was being filmed against his will” and asked Mr Glass to stop. She added that violations of guests’ privacy and confidentiality could result in lawsuits and loss of repeat guests, while acknowledging that Mr Glass felt in some danger due to the situation he was in.

With the taking, distribution and publication of photos and videos featuring guests “strictly forbidden” in Baha Mar’s employee handbook, the Industrial Tribunal found that Mr Glass’ actions “undermined his core duties” to protect guest privacy and Baha Mar’s public image.

While Mr Glass alleged that the purported misconduct did not rise to the level of a dismissal, Ms Cooper-Brooks found that Baha Mar had conducted a sufficient investigation and was entitled to terminate him. She dismissed both the wrongful and unfair dismissal claims.