This is evident from a decision made public yesterday by the Court of First Instance of Aruba.
Palm Beach
The man has been working as a bartender since May 2021 CM Food Company, which operates the Brutto and Lucca restaurants and The Office nightclub on the popular Palm Beach. The man earned a gross monthly salary of 2500 Aruban florins, about 1250 euros.
In December of that year, the bartender was suspended and later fired because he allegedly consumed an alcoholic drink during his work in the Lucca restaurant against the rules. Video footage showed him pouring whiskey into a paper cup behind the bar, then cleaned up a bit, then walked out with the cup.
Alcohol prohibited
The catering company went to court to tear up the bartender’s employment contract. In addition, the company pointed out that drinking alcohol during working hours is strictly prohibited according to company regulations.
The bartender demanded his job back in court, because the dismissal would be too severe a punishment. The man denied, among other things, that he stole the whiskey; the drink is said to have been offered to him by a customer.
Dismissed rightly
Became public from yesterday pronunciation it appears that the Court of First Instance of Aruba has ruled in favor of the employer. Drinking during working hours is prohibited, which means that the dismissal is justified, the court ruled.
Moreover, he did not believe much of the defense that the drink had been offered by a customer. Cash register data showed that no whiskey had been sold at all in the hours in question.
Cut into fingers
During the investigation into the matter, the bartender had emphasized that he usually never drank during working hours and almost always refused drinks offered to him. He would only make an exception with his manager’s permission, for example if a customer had something special to celebrate.
With that statement, however, the employee actually cut himself in the fingers. The judge saw it as proof that the bartender was indeed aware of the company rules, which prohibit the use of alcohol.
The bartender not only loses his job, but also has to pay part of his employer’s legal costs. That costs him 3150 Aruban florins, so about one and a half times his net monthly salary.
2023-07-19 12:15:30
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