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BIU leader, Grotto Bay lawyer clash at hearing

Industrial Union President Mr. Ottiwell Simmons MP continued to dispute management's version of events which resulted in the dismissal of three employees.

Grotto Bay's managing director Mr. George Robinson was cross-examined yesterday by the BIU leader on the third day of hearings before the Essential Industries Disputes Settlement Board.

Calling much of Mr. Simmons' questioning "argumentative'' and "irrelevant'', Mr. Dunch lodged numerous objections with board chairman Mr. Michael Mello. He said Mr. Simmons was "wasting time'' by repeatedly asking questions which had already been answered by the witness.

According to Mr. Simmons, the central issue in the case of fired dining room captain Mr. Barry Smith was whether the checks presented at the hearing were the same ones used in the incident which led to his dismissal.

Because of a glitch in the cash register system in use at the time, none of the three checks displayed the true date or time of payment.

Mr. Robinson maintained the incorrect times and dates had no bearing on the case, because night auditors bundled evening meal bills together after they had been processed. He said he was able to secure the checks from the accounts office the next morning, and there was "never any question whether the checks were genuine''.

In meetings held with Mr. Smith following the incident, Mr. Robinson said the dismissed employee never disputed the checks' authenticity.

Mr. Smith was fired for theft last November, after he was accused of pocketing money given to him to pay for a meal.

Grotto Bay asserts a couple at one of Mr. Smith's tables paid for two cocktails, a bottle of wine and food, but the hotel only received payment for the drinks.

The $100 travellers cheque which both Mr. Smith and the couple said was presented for payment was never found by the accounts department, and the food check eventually produced by Mr. Smith was improperly detailed.

Mr. Simmons also contended during the morning's proceedings that the "unusually large delivery'' storeroom manager Mr. Erwin Whitter refused to stock was too much for a man working alone to handle within a three-hour shift.

But Mr. Robinson said hotel comptroller Mr. Earle Michlin offered to help his subordinate pack the items, but Mr. Whitter told him he was "busy with other things'' and couldn't move the goods.

Mr. Robinson also said Mr. Michlin enlisted the help of a hotel dishwasher, and they cleared the corridor and had all items stored in approximately one hour.

Admitting he did not witness the heated confrontation which led to Mr.

Whitter's dismissal, Mr. Robinson said he nonetheless concurred with Mr.

Michlin's decision to dismiss the storeroom manager for in subordination and failure to perform his job.

The hotel chief said that although Mr. Whitter specifically apologised for the language he used during the confrontation, at no time did the storeroom manager dispute the fact that he refused to complete his assigned duties.

The case of Mr. Larry Robinson was touched on briefly yesterday, with Mr.

Simmons attempting to show improper disciplinary procedure on the part of Grotto Bay.

But Mr. George Robinson who said the bar porter was given adequate warnings.

He added: "Employees have a right to make a grievience against any disciplinary action within five days, and he did not.'' Because of professional commitments of several key players in the dispute, the hearings will resume on November 30, when Mr. Simmons is expected to start the union's case.