A hotel waiter who was fired after fibbing that he was “meeting a friend” when he was caught working a second job at another hotel without permission has lost his claim for compensation.
Hezekia Kerriekep Adwar told the Employment and Discrimination Tribunal in January that he had been unfairly dismissed and suffered racial discrimination after being fired by the Merton Hotel.
Kenyan national Mr Adwar was on a nine-month temporary work permit when he was hired by the Seymour Group hotel.
His contract, as well as the hotel’s policy, explicitly prohibited secondary employment without written permission for work permit-holders.
“If you are caught working in other properties that are not Seymour Hotels of Jersey you will be in breach of your immigration T&C’s and we can terminate your employment,” the policy read.
However, in June 2024, the hotel’s General Manager was informed that Mr Adwar had been working at the Beausite Hotel in Gorey.
Mr Adwar said this was because he found the General Manager “not easy to approach”, but this was disputed by other witnesses to the case who said he was “easy to speak to”.
After confirming the allegation with Beausite’s management, the General Manager called Mr Adwar to a disciplinary meeting, where he initially denied working a second job, claiming he had only visited Beausite as a friend.
He went on to state he had been there “about four times to visit but not working”, adding that on one day he “helped move beds and plant pots but not doing part-time”.
The Tribunal said Mr Adwar’s position was “totally incredible as an explanation”.
Following a disciplinary hearing led by the General Manager of the Pomme d’Or, another hotel in the Seymour Group, Mr Adwar was dismissed on 26 June 2024 for breaching his employment terms and for dishonesty during the investigation.
Mr Adwar appealed, presenting a statement in which he apologised for what he described as a “mistake” and alleged “many people” were taking part-time work outside of the Merton Hotel.
His appeal was not upheld. However, the Merton later took the step of contacting an Immigration Officer and explaining their decision, as well as recommending Mr Adwar for employment elsewhere.
In considering whether there had been racial discrimination at play, the Tribunal Chair recognised in his judgment, which was published this week, that the Merton had “misaligned policies”.
He noted, however: “I have not heard of other relevant employees being ‘let off’ such behaviour or being given lesser sanctions, that could make me question whether nationality was a relevant factor. Therefore, I do not feel it alone (or coupled with the difference in evidence over the granting of permissions) leads me to believe that [the Merton’s General Manager] demonstrated any improper motive or was influenced improperly.”
No unfairness was found in the disciplinary process either, with Mr Salter noting that: “There was no criticism made of the process the Respondent undertook. Indeed, the Claimant’s own witness, Ms Ndungu, who attended the disciplinary and appeal meetings, was complimentary of the process.”
The Tribunal ruled that the dismissal was both fair and justified, stating:
“The Claimant’s conduct does amount to gross misconduct as defined in the disciplinary policy.”
As a result, it was decided that Mr Adwar should not receive any compensation, and his claim was fully dismissed.