The employee of a bank in the Dutch side appealed to the Sint Maarten court to have the dismissal procedure initiated by her employer invalidated.
By signing an employment contract within this establishment, each employee undertakes not to use his personal bank account into which the salary is paid, for transactions other than personal, domestic as well as not to exercise another activity. professional likely to have repercussions on his working time and create a conflict of interest. For example, a bank agent cannot run a business and obtain banking information from competitors that could guide his business decisions.
In March 2020, the bank employee informed her employer that she had "professional activities" in parallel in a company which is mainly managed by her husband. The employer took note of this and informed his employee in June of the same year that no professional account will be opened within the establishment.
However, the boss of the bank will discover that his employee had made a request to open an account the day before sending his newsletter. He was told that "the bank will not honor [his] request because it has access to commercial transactions from similar companies giving [him] a privileged position vis-à-vis your competitors, which constitutes a conflict. interests for [his] company ”. In July, he was notified that the non-termination of his parallel activities before August 7, 2020 will result in the termination of his employment contract.
The employer also notes that five government transfers were made between January and August 2020 for a total amount of USD 98 to his employee's bank account. This justifies them by the payments of the services carried out by the company of her husband and which the government paid directly on his personal account without his agreement. The couple reportedly tried to ask the government to stop these transfers to this account, to no avail.
The employee is dismissed on September 1 for having used her personal account as a professional account for her company.
The hearing took place in mid January and the court handed down its decision in favor of the employer on February 3. (soualigapost.com)
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