The Tribune

By LYNAIRE MUNNINGS 

Tribune Staff Reporter 

lmunnings@tribunemedia.net

A FORMER Blue Lagoon employee of 21 years was fired for a conversation she had on WhatsApp with a subordinate after the dialogue was displayed on the company’s computer system and discovered by a manager.

Ms Richards, who was a head cashier at Blue Lagoon Island & Dolphin Encounters, criticised members of management using profanity and negative comments in a Whatsapp message.

She was fired on December 30th, 2022. She sued Blue Lagoon over the action, but the Industrial Tribunal rejected her position.

The conversation occurred between her and her subordinate, Kelia Nottage.

In the chat, she told Ms Nottage she would call in sick to avoid a departmental meeting. She followed through with this plan, causing the meeting to be postponed as her attendance was required.

She argued that the conversation took place outside of work hours and should not have been seen by the company. However, the company cited her senior position and the nature of the conversation as a breach of trust, classifying her actions as “gross misconduct”.

During the Industrial Tribunal hearing, Ms Richards admitted to the contents of the conversation but denied leaving the chat open on her workstation. The company’s witness testified that Ms Richards’ profile was still logged into the workstation where the chat was discovered.

The witness explained that Ms Richards’ profile had not been logged off, allowing the chat to be visible. She further testified that Ms Richards had recently completed a 90-day probationary period following complaints about rude and dismissive behaviour.

The Tribunal also heard from Ms Nottage, who confirmed that the voice notes played during the hearing were from her conversations with Ms Richards. Although Ms Nottage insisted that the conversation occurred outside working hours, the company argued that any content displayed on its computer system, regardless of the time, was subject to its policies.

In her ruling, Vice President Mrs Rionda Godet of the Industrial Tribunal said while Ms Richards may not have intended for her conversation to be viewed by management, the content undermined the trust and confidence the company placed in her. The Tribunal found that her actions justified her dismissal, therefore, the claim of wrongful and unfair dismissal was dismissed.