A partly Dutch casino manager was opposed to one of the five employees he dismissed and asked the St Maarten court to terminate the contract without awarding compensation to the employee.
In mid January, the boss of the company sent a letter to the Ministry of Labor so that it validates the dismissal of some of its employees on the grounds that the casino had suffered financial losses for several years. He explained that he had reorganized the establishment and the posts which required the elimination of some. Two months later, he received a negative response from the authorities.
In court, the boss claims a constant decline in his turnover, in particular that of table games on which the employee was affected. In 2014, the casino achieved a turnover of 2,32 million dollars and in 2020 of 368 dollars.
After analyzing the elements of the file, the court noted that the dismissed employee who contested the decision of the boss, has more experience than those who remain (he was hired in 1997): “We should have expected that the employer explains why employees who were hired at a later date can simply stay and the very experienced employee has to leave the field. Such an explanation is totally lacking. ”
In addition, the court notes that table games are not ultimately removed and that a person must be assigned to monitor them. And so to wonder why the boss felt that "the employee was not suitable for this position", or even why refresher training was not offered to him given "that he had decades of experience. with table games ”.
In the end, the court rejected the boss's request
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