A concierge from a hotel on the Dutch side was dismissed because he had not respected the barrier gestures when he knew to be a carrier of the Covid-19. The Sint Maarten court was seized of the case: the employer requested the termination of the contract, the employee the opposite.
Last April, the employee's behavior was the subject of a denunciation by his colleagues to their employer. On two occasions, colleagues observed him sneezing on objects that he did not subsequently clean. Over a period of four days, the colleagues also noticed that his state of health deteriorated (difficulty in walking, etc.). They asked him to stay at his home but he refused. The employee is hospitalized, he tested positive for Covid-19 but did not inform his colleagues or his employer. He is accused of having transported one of his colleagues by car and thus contaminated him.
It is for these reasons that the boss sends him a letter of dismissal. The case was examined in June of this year. The judgment was rendered in August: the termination of the contract was pronounced by the courts on a date, however, postponed by almost three months compared to that mentioned by the boss. The latter must therefore pay a salary allowance corresponding to this period.
No comments