By LYNAIRE MUNNINGS
Tribune Staff Reporter
lmunnings@tribunemedia.net
A FORMER restaurant manager at Atlantis was awarded $31,200 for unfair dismissal after being fired for allegedly sexually harassing another employee.
On February 10, 2022, a woman formally complained that the man, Bradley Babbs, allegedly offered to recommend a woman employee’s transfer request on the condition that she video chat with him so he could see her “sexy body”. The employee said she found the comments inappropriate.
Mr Babbs was suspended without pay pending an investigation two days later. When he returned on February 14, 2022, he was dismissed for sexual harassment and for offering to ensure an employee’s transfer to another restaurant.
The Industrial Tribunal wrote: “The respondent argued that the applicant was summarily dismissed for gross misconduct when he contacted the complainant in his managerial capacity and solicited a favour for a transfer to another restaurant, particularly when he was a part of the interview team and could influence the panel’s decision. Specifically, the applicant requested the complainant to show him her sexy body via video chat, which caused her to report him to management.”
“This offer to ensure that she was transferred to another restaurant was considered a fundamental breach of the company’s policies and conduct that undermined the trust and confidence inherent in the terms and conditions of the applicant’s employment contract.”
Mr Babbs was employed at Island Hotel Company Limited for almost 30 years until his termination on February 14, 2022. He denied making sexual advances toward the woman, saying the telephone conversation was work-related and cordial.
Mr Horatio McKenzie, executive director of the food and beverage and human resources department at Atlantis, served as a witness in the matter. He noted after reviewing the employee’s call log that Mr Babbs attempted to video chat.
“The applicant admitted requesting a video call from the complainant but main- tained that it was because he could not hear her clearly due to background noise, hence his request,” the Tribunal said. “However, he denied making sexual advances or any sexual intent, asserting that he frequently called numerous employees regarding their work schedules, including the complainant.
“Mr McKenzie stated that the complainant retorted that she and the applicant spoke primarily on the job, and she had not received a call from him since the Christmas holiday when they talked about her picking up a shift. Further, she expressed the surprise when he asked her to video call and he continued calling, but she did not answer.”
Mr Babbs fought his dismissal, saying he was refused a copy of the complainant’s report and punished twice for the same allegation; he said he was suspended without pay and dismissed in breach of the disciplinary procedures and prejudiced by having his hearing presided over by an executive director with whom he had a previous contentious relationship.
“The Tribunal accepts the applicant’s submission that it was unfair for the respondent to with- hold information to which he was entitled and ought to have been provided as a normal part of discovery and procedural fairness, particularly since he requested it,” the Tribunal said.
“The Tribunal is of the view that the applicant’s request for the document was a reasonable one and such vital information could have assisted him to better defend against the allegations and it was not sufficient to have it just read in his hearing. The Tribunal, therefore, finds the respondent’s conduct in this regard unfair.”
Ingrid Cooper-Brooks, vice president of the Industrial Tribunal, ordered Atlantis to pay Mr Babbs $31,200 for unfair dismissal, which equates to one month’s basic for each year up to 48 weeks. Interest would be awarded on the sum at the rate of 10 per cent per annum from the date of the award until paid.
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