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Dismissed employee files injunction against resort
by The Daily Herald
Posted: Apr 12, 2006 15:29 UTC
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PHILIPSBURG — Attorney-at-Law Reynold Groeneveldt has filed an injunction against the developers of Westin Resort and Spa being constructed at Dawn Beach, seeking the reinstatement of dismissed employee Joe Miller until his employment agreement has been legally terminated.
Groeneveldt said he had filed the injunction on Tuesday morning and was awaiting a court date. “We will be asking the court to determine that this dismissal is wrong and in conflict with the law,” said Groeneveldt. “This means that technically Mr. Miller is still employed and we are (requesting) the company to pay him until his labour agreement is legally terminated.”
The attorney said the labour agreement could be legally terminated through permission from the Federal Labour Department, through mutual agreement between the parties or through the court. “We are confident that the court will rule that they have to continue paying him (Miller),” he said, adding that his client had showed up for work on several occasions and had been turned away.
Miller was dismissed as Project Superintendent on the Westin Resort and Spa project on the grounds of incompetence on Friday, March 24. His attorney is claiming that his dismissal is in conflict with the labour regulations, as the reasons for his dismissal are not specified in his termination letter.
Head of the Federal Labour Department Kenneth Lopes had said in an earlier interview that the dismissal letter cited the reasons for Miller’s dismissal, but noted that management would have to substantiate its arguments. He could not be reached yesterday for comment on a recent meeting the Labour Office had with management on the matter.
Miller, who started working last December on an 18-month contract with Westin developers Babit Bay Beach Development Corporation, said he had received a sudden call from his employer informing him that his services were no longer needed. He subsequently received a fax stating that he had been terminated based on article 1615 of the civil code.
Miller said during an earlier interview that he subsequently had been locked out of his apartment, which was being rented by the company, and his company phone had been cut off, credit cards blocked and rental car repossessed.
The dismissal letter stated that the termination was due to Miller’s lack of “skills” and “ability” to do work, his “refusal to take orders or instructions” from the project manager and his “incapability” to do the work stipulated.
Representatives of Babit Bay Beach Development Corporation declined to comment on the matter.
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