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Tucker's Point manager claims wrongful dismissal, two others resign from posts

Grievance: Former manager at Tucker's Point Hotel & Spa Keith Davis, who is claiming unfair dismissal.

A former manager at Tucker's Point Hotel & Spa is alleging he was wrongly dismissed — while two other managers have resigned from the five-star resort amid claims of low staff morale.

Keith Davis believes he was made redundant as senior guest service manager because he complained about a management decision to the Department of Labour and Training.

He lost his job just two days after filing the grievance and ten days after it was announced that he was to take on additional responsibilities.

The father-of-one — whose career in Bermuda's tourism industry began in 1972 — made another complaint to the Department of Labour, this time alleging unfair dismissal.

But Department of Labour inspector Candy-Lee Foggo wrote to him on May 6 to say: "It has been determined that Tucker's Point Hotel & Spa have not violated the provisions of the Employment Act 2000."

Another manager left Tucker's Point yesterday and a third is due to finish today; both are understood to have resigned from their jobs last month.

A hotel source, speaking on condition of anonymity, told The Royal Gazette: "There are problems. Not only are the managers leaving because it's not a happy working environment but we have got line staff who are leaving because they are not happy."

Mr. Davis, who is in his 50s, claimed he was in regular contact with former members of his team who told him the situation at the hotel was "just untenable".

Tucker's Point Hotel & Spa issued a statement yesterday saying it was aware of a local media report suggesting there was a link between the arrival last autumn of new executive vice president and general manager Brian Young and the "subsequent departure in 2010 of three managers".

The statement said: "Needless to say, any issues relating to personnel are proprietary to protect the privacy of Tucker's Point staff."

Mr. Davis, of Hamilton Parish, told this newspaper: "I'm planning to do everything under the sun that I'm legally entitled to do to pursue justice."

His original complaint to the Department of Labour, dated February 10, was filed on behalf of himself, the two managers who have resigned and a fourth manager.

It alleged that they were told by Mr. Young, who was appointed in November last year, that time in lieu they accrued before he took over would not be honoured in full.

The four salaried staff members had put in extra hours before the hotel opened in April 2009 and were told verbally by former hotel manager Alan Paris they would be compensated with time in lieu.

Mr. Davis claimed Mr. Young informed them they were not entitled to the time in lieu — ranging from 12 to 43 days — but would get one week off with pay.

Two days after making the complaint, he was summoned to Mr. Young's office and told he was being made redundant with immediate effect.

He was given a letter which said the hotel was facing "unprecedented business challenges" and had to restructure. His severance package included payment for the 43 days he was owed, he said.

His second complaint to the Department of Labour claimed he was dismissed "without just cause" as a reprisal for sticking to his resolve on the lieu time issue.

Mr. Davis has now complained to the Ombudsman about the way Labour handled his grievances.

In the same letter, he complains about the way the Department of Immigration handled a complaint he made about the way Mr. Young was appointed.

He alleged that the position of executive vice president and general manager was not advertised internally or externally before Mr. Young's appointment was announced in November.

But assistant chief immigration officer Danette Ming advised him in an e-mail on May 12: "Our compliance team have researched the file for Tucker's Point Club (TPC) and wish to advise you that the proper recruitment procedures were followed by TPC."

Yesterday's Tucker's Point statement said: "Mr. Young's work permit was secured through normal Immigration Department channels. We know that we are all burdened by exceptionally difficult economic times, but Tucker's Point remains committed to employing staff (240 permanent employees) who continue to build the reputation of the resort, attracting more and more owners and guests to Bermuda and thereby contributing to the Island's all important tourism economy."

A spokeswoman for both Government departments did not provide comment by press time last night.

• Mr. Young was yesterday chosen as president elect of the Bermuda Hotel Association for 2010 to 2012 at the organisation's annual general meeting. Jonathan Crellin, from the Fairmont Hamilton Princess, was named president for the same period.