2.4 [[verzoeker] is bij brief van 8 juli 2019 op staande voet ontslagen. In de uitgebreide ontslagbrief van diezelfde datum is het ontslag als volgt gedetailleerd toegelicht, voor zover van belang:
“(…)
Find herewith a summary of your actions or lack thereof since January 2019. Each case was documented and reported to you in our attempts for you to change your actions to the
better.
On January 29, 2019, a GAP analysis of Technical Department was performed and the following deficiencies were identified:
Daily communication
Daily work assignments
Daily GSE inspection control
Debriefing of work assignments
Daily Parts Inventory Control
Daily mechanic productivity
Team meetings
Staff missing guidance and training for all GSE
Daily inspection team not efficient
Daily inspection effectiveness
Paperwork efficiency and atomization of forms
Preventive maintenance
Store room organization
Implementation of procedures for parts
Fleet Management program update
On February 1, 2019 you were presented with these points and your expectations as the Supervisor in charge of the GenAir Technical department. You agreed with the above items needed improvement and agreed to correct each of these items.
On February 5, 2019 a meeting was held with you and you were given the following assignments to complete for that week:
- Train [coworker 1], [coworker 2] and [coworker 3] on the Fleet Management and provide them username and password.
- Conduct the daily briefings with mechanics
- Update the daily white board GSE status
- Update GSE status report
- Request parts needed by email and not via WhatsApp 1 week in advance send to accounts payable for approval and funding.
- Parts request need to be plan ahead and coordinated accordingly
- Use Anil our dedicated full time driver for buying of parts and not you. You have to be on station to monitor and follow up on employee assignments. (this was already addressed by the Director on an email sent on December 20, 2018 informing you that the company's driver was assigned to do this work and only if he's on vacation you can have someone of TD to buy parts)
- Prepare and plan for [coworker 3] and [coworker 1] tasks for the weekend.
You were once again reminded of your responsibility and accountability as Supervisor and a follow up meeting was scheduled for February 8th, 2019.
On February 8, 2019 during the follow up meeting was concluded that you did not comply with any of the assignments given. The following points were then discussed:
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Daily communication — Your communications with the lead mechanics and
second mechanics not improved. Basically you arrived at work enter your office,
and do not discuss maintenance matters with the mechanics.
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Daily work assignments — You were not planning any work, neither for the day,
nor a day before, and not weekly.
-
Daily GSE inspection control — We found out that daily inspection sheet when
arriving your office was going directly to filling folder and you were not
reviewing the sheet and looking for malfunctions to assign work and correct these
malfunctions.
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Debriefing of work assignments — At the end of the day no de-briefing was being
done.
-
Daily Parts Inventory Control — We have made 2 attempts with you with
deadlines to finalize the registration of all the parts to be able to know what parts
are available, but you did not comply. Just to mention some cases: radiator, water
pump, hydraulic hoses, brake calipers were needed and were purchased while we
had them in stock.
-
Daily mechanic productivity — You were leaving premises and leaving TD
without supervision, nor were you giving instructions to work, which created this
department to be at the lowest on productivity.
Team meetings — All TD team members are frustrated and disappointed in you as their leader. Instead of building teams, your actions were creating conflicts among employees which affected the company and job security.
Staff missing guidance and training for all GSE — Staff had zero guidance from
you.
-
Daily inspection team not efficient — The team not receiving any guidance or
instructions from you.
-
Daily inspection effectiveness — malfunctions noted daily and no corrective
actions was planned from your side. This was a hazard to the safety of the
equipment operating under the airplanes.
-
Paperwork efficiency and atomization of forms — Your office was found to be a
total paper mess. Nothing was organized and filthy dirty all over.
-
Preventive maintenance — When a GSE stopped working, then and only then you
would work on it. Preventive maintenance was non-existence.
-
Store room organization — Store room was not organized at all which created
extra cost of buying parts we had in stock.
-
Implementation of procedures for parts — You were not following company nor
Airport procedures,
-
Fleet Management program update -- the fleet management was 1101 used effectively. No Work orders to mechanics, no registration of works. Audit
revealed 290 equipment with service highly overdue, 31 open work orders, 73 inventory low in stock.
Implementation of procedures for parts – You were not following company nor Airport procedures,
Fleet management program update – the fleet management was not used effectively. No Work orders to mechanics, no registration of works. Audit revealed 290 equipment with service highly overdue, 31 open work order, 73 inventory low in stock.
This shows the lack of or no leadership, no control, no correction no communication with the team. [coworker 3] also was given permission off premises without clocking out for two
hours, even when this was already addressed to you on an email sent on December 20,
2018 that any employees leaving airport must clock out.
Additionally, Mr. [coworker 4] who was assigned to support you in improving your management shortcomings was not being copied in your correspondences as agreed; wich reflect your lack of cooperation and teamwork with other colleagues. For the benefit of the doubt and in our effort to get better results, when we noticed that you were not cooperating with Mt [coworker 4], GenAir removed [coworker 4] from the project to support you and then assigned Mr. [coworker 1].
As part of our intentions to support you upgrading the Supervision of the technical department, a one on one conversation by your direct Manager Mr. [name direct manager] with TD agents, it was concluded that you constantly expressed negative comments about
the company and that you tried to manipulate colleagues. Your Technical Department colleagues that reported to you were involved in the conversation, and they all expressed the lack of supervision of the department, as they all felt that their department was failing and they feel uncomfortable and afraid being part of a department that was not complying with company and airport regulations which consequences will affect all employees of GenAir which consequently created fear for job security. Personal testimonials are available. The above concerns were reported in writing to you, with the request and hope that you would change your attitude and actions. Reluctantly we have to report that no change was made on your side.
On March 28, 2019 Mr. [coworker 1], who was assigned to support you was forced to
inform Management that he encountered that the fuel, oil, and air filters of 90% of the self-propelled engine powered Ground Service Equipment's haven't been changed for at least 6 months and for one particular GSE being the Push Tractor, which is a machine that connects via a tow bar to the nose landing gear of the airplane and pushes the airplane from the parking gate to the taxi way, was found completely blocked with dirt; causing the machine engine to underperform during push back, which is a high risk for the airplane when the machine started throwing heavy black smoke thru its exhaust and create high concern in the cockpit when this was noticed by the Captain and also created serious problems for the company with Airport Management Unit who came to inspect the machine. Then [coworker 1] after revising the fleet management system which is used to record all maintenance per machine encountered that the GSE's were not being serviced. This is a serious matter as these machines operate under multi-million dollar airplanes with hundreds of human lives on board and proper maintenance is a must to guarantee safe operation. Your simple duty to guarantee proper and effective maintenance planning to make sure the maintenance of the Ground Service Equipment is in place was nonexistent. This was reported to you in writing and requested that preventive service be done to the equipment.
On April 9, 2019 Ms. [name coworker accontant] from accounting department communicated to you
via email reminding you regarding the reporting that the buying and registering the usage of oils and fluids were again not being followed, causing disruption in the accounting controls for proper company financials. Up to today, oils and fluid reports have not been sent to accounting.
On April 23, 2019 you were requested via email by the Maintenance and Training Manager of AGS, another Ground Handler at the Queen Beatrix International Airport who had rented a High Loader from GenAir on April 22, 2019 for the off and unloading of their Airline Client Air Canada. During the operations on April 22, an incident happened where the High Loader scratched the Airplane fuselage. Mr. [name maintenance and training Manager of AGS] requested you directly a checklist and Preventive Maintenance report for HL-05 as part of his incident report to their Airline Client Air Canada. The report was never sent. You did not send this, because the HL-05 is not being serviced and you have no data to report. Because of your failure to comply with the requested reports, GenAir was negatively affected towards the Aruba Airport Authority and Safety Management council who evaluates all incidents on the airport premises. GenAir reputation is crucial as we operate under a concession agreement with the Airport which is at risk if GenAir does not comply with Safety Management regulations which communication and transparencies are a crucial part. This was addressed to you but no reaction was received from your side. The impression you gave was that you just do not care. (…)
On Monday May 6, 2019 an email was sent by Chief Commercial Officer of AAA Ms.
[name Chief Commercial Officer of AAA] showing a picture of the charging station area used to charge the electrical vehicles. They found the area in very unsafe conditions, broken roof, electrical cables lying on the floor which is hazard to the electric tractor operators when they position the tractors for charging, two old tires on top of the roof to prevent the roof of flying away. This inspection of the Airport revealed how GenAir technical department was being Supervised. The electrical charging station was found under serious unsafe conditions again putting GenAir reputation, concession and GenAir employees at risk. Your lack of control and supervision and maintenance planning showed the lack of interest on your part and is considered gross negligence. (…). From the 3 charging units only I was working, and in poor maintained conditions. This was also not reported and not fixed.
Reluctantly I have to confirm that even after the Airport inspection report and complain
you did not correct the situation. This is considered gross negligence. This was reported
to you but again you did not reacted showing interest to fixing the situation. (…)
On Friday May 31, 2019 Mr. [name GenAir Ramp Supervisor], GenAir Ramp Supervisor, communicated to
you via email to complain that for 3 weeks a damaged tow bar was sent to Technical
department and still the tow bar was at the same place and was not fixed and returned to
service, causing a risk to the company for not having enough proper equipment to fulfill service contracts to GenAir airline clients. This is considered gross negligence.
Mr [verzoeker], during the months of March, April and May 2019 your work performance
was monitored by Management. We tried to support you in improving your work, and
GenAir invested in Supervisory training for you as well. We assigned 2 managers to
support you, dedicated time in meetings and discussions and coaching with you. Still
GenAir did not see improvement and more complaints from colleagues came forward.
Due to these complaints a new investigation was initialized. During this new investigation, Management decided to remove you from the Supervisor position and assigned you to the position as Electro Mechanic. As the electric mechanic you were still causing conflict within the department because there were conflicts between yourself and Mr. [coworker 1], who took temporary the Supervisory position while you went to the electrical mechanic position. For this last incident, Management of GenAir decided to suspend you with pay on June 26, 2019.
Furthermore; the following serious and alarming facts were discovered during the investigation after your suspension:
1)
Instruction that was harmful for the company:
A passenger stair was brought to the Technical Department with bad and damaged solenoid. While mechanic [name mechanic 1] was testing it, he noticed that when he pressed the emergency stop button of the stair, the stair didn't stop going up. That meant that the emergency switch, which main function is to stop the stair was also damaged. You were informed of this and yet you gave Mechanic [name mechanic 2] and [name mechanic 1] green light to send the stair back to operation “as is” knowing that the emergency switch to stop was not functioning. You are well aware we had an incident in March 2017 due to malfunction of the passengers' stairs; the hanging up/down control switch cable broke causing the wires to make contact and activate the cylinder. As a result of the malfunction then, the passenger stairs started going up by itself and damaged the aircraft door which caused the flight to canceled and a new airplane was send to Aruba to pick up the passengers and the damaged airplane was flown empty back to USA for repair, costing the company a claim that resulted in coordination with insurance a payment in the amount of USD30,762.-. Even with this past experience, your decision to instruct mechanic [name mechanic 2] and [name mechanic 1] was irresponsible and meaningful for the company; and if not for the technicians that noticed the seriousness of the high risk matter and to prevent another incident they cut the cable to prevent another incident that could have damaged GenAir's airline clients airplane and also people's life. The most concerning part is that they had to cut the wire without your approval and awareness in order to prevent an accident.
2) GenAir did an hour control which results shows that you were out of the Airport
premises while you were still punched in. This means you are supposed to be at the Technical Department shop at the Airport working, Supervising, but instead you left the Airport premises without informing and receiving any approval from your superior of your whereabouts while being clocked in. We have proof that this practice was frequently happening, but we will only include in this letter the last control which was for the week of June 17 to 24, 2019.
Control showed the following:
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May 8, 2019 out of the premises while clocked in : 3hrs/29 min.
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May 14, 2019 out of the premises while clocked in : 1hr/2min
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June 17, 2019 out of the premises while clocked in : 2hrs/4 min.
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June 18, 2019 out of the premises while clocked in : 20 min
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June 19, 2019 out of the premises while clocked in : 10 min
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June 24, 2019 out of the premises while clocked in : 14 min
The above information is the peak of the iceberg. Remaining out of premises proof
while being clocked in is available. This reflects your lack of interest in your responsibility as Supervisor for Technical department and its proof is reflected on the status that the GSE. It is also considered theft, as you are receiving payment to be at work, and you leave work without permission.
3) Last but not least, during the hour control we also found you entering the Cargo
airport premises, during regular working hours plus on Saturday's which is your
off day, and we caught you using your GenAir Company's ID and Airport security badge performing work on HIGH LOADER of another Company
(Company name: ARUFREIGHT).
Just to report 2 cases only:
MAY 21-2019
Clock in orlando : 07.55 am
Clock out Orlando: 09.43 am
Clock in Orlando : 11.08 am (1 hrs 25 minute off airport premises) Work
Arufreight while being paid by GenAir.
Clock out Orlando : no data as you sneaked out airport door behind another badge Clock out cargo : 3.22 PM you came from Arufreight (at least 2 hours you
worked there after your lunch.
Clocked in ramp from cargo: 3.27 pm. 5 minutes to clear security from cargo to
ramp.
Clock out Orlando : 4.50 pm you left work 10 minutes ahead of time.
MAY 24-2019
Clock in Orlando : 07.56 am
Clock out apron : 1.51 pm you left ramp to enter cargo
Clock in cargo : 2.07 pm took you 16 minutes go thru security
You left Arufreight warehouse and entered apron back via main gate
Clock in main gate: 4.11 pm
Clock out Orlando : 5.17 pm
You are well aware that this behavior and activities are strictly prohibited by the Airport Authorities regulations that an employee can only perform work for the company that paid and arranged the ID security badge that gives you access to the restricted areas. On your Badge it clearly states the name of your employer which is GenAir. You are also well aware that your employer also does not approve employees working for other companies inside the Airport.
Mr. [verzoeker], after evaluation and considering all the above serious points, GenAir, in order to protect the interest of the company and its employees, has no other alternative then to terminate your labor agreement as per article 1615p BWA (Civil code of Aruba) points 2b, g, h and j.
The labor-agreement between GenAir and employee has been terminated on July 8, 2019.
(…).”