Two Arnold's managers claim they were fired for tribunal move
By Amanda S Dale
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Arnold's manager Shafiq Cheema (left) and Ray Chehayeb claim they were fired after trying to take their boss to an employment tribunal.
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Photo Chris Burville
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Two supermarket managers claim they were fired after moves to bring the boss of Arnold’s Markets before an employment tribunal.
Canadians Ray Chehayeb and Shafiq Cheema said their contracts were terminated just days after staff met with Frank Arnold in an attempt to resolve grievances over working practices.
They claim they were given no notice or severance pay, despite each of them having worked for the Arnold Group for more than three years.
Mr. Arnold however, denies firing Mr. Chehayeb and Mr. Cheema, claiming their visas expired. He told The Royal Gazette: “Their contracts and work permits have finished with Arnold’s Markets and we’ve decided not to renew them.
“There’s no particular reason and I have no comment to make on anything else, but I want to clarify that their contracts were not terminated.”
Mr. Chehayeb and Mr. Cheema however, claim their permits expired on May 29 and Mr. Arnold let them work without a visa for several days before he allegedly fired them.
Paperwork and Arnold’s rotas seen by The Royal Gazette reveal that one manager is currently working 11 hours a day, seven days in a row. He has allegedly not had a day off since Good Friday and is scheduled to work 88 hours this week.
The employment tribunal was initiated by 11 managers, on behalf of 13 Arnold’s managers on the Island — mainly expats — who work in six stores in Hamilton, Pembroke, Somerset, Warwick and Sandys.
They are claiming unfair working practices and exploitation, saying they do not get paid any overtime. The managers get paid a weekly gross salary of $1,500, and assistant managers $1,260.
The Department of Labour and Training is due to set a date for the tribunal after negotiations have repeatedly broken down.
One store manager, who did not wish to be named, said contracts were unclear, making working hours effectively “open ended”.
Ray Chehayeb, 33, was the manager of Arnold’s Family Market in Pembroke until June 2, when he said he was fired.
Mr. Chehayeb has worked for the Arnold Group for five years. He said he was “released” the day after negotiations between the managers and Mr. Arnold broke down on June 1.
“I came in on the Saturday to start work at 10a.m. but was met by two supervisors,” said Mr. Chehayeb. “They gave me a letter saying my work permit would not be renewed.
It actually expired on May 29 but they didn’t tell me until June 2 that this was happening. There was no notice or anything. All they said was ‘you’re no longer employed at Arnold’s Markets’. “
Mr. Chehayeb, of Pembroke, claimed he was also warned not to enter any Arnold’s stores, under threat of a trespass notice.
“They said ‘don’t come into any of the properties or you’ll be issued with a trespass notice’. I found this funny but sad at the same time as I’m the one who watched all the shoplifters and used to issue these notices.
“It was like a slap in the face. I couldn’t believe what was happening. I’m getting married to my girlfriend back in Canada in August and now I have no job or income. It’s terrible, very stressful.”
He said: “It is very unfair, particularly after the way I’ve helped to build up the business the last couple of years. I just feel Mr. Arnold doesn’t want to negotiate with anyone, he just wants us off the Island to shut us up. There’s an atmosphere of fear now among our colleagues, but we will stick to our guns, we want to see this to the end. We just want what’s fair.”
Shafiq Cheema, the assistant manager of Arnold’s Maximart in Somerset, said he was fired last Wednesday.
Mr. Cheema, 43, of Sandys, said: “Mr. Arnold didn’t even give us any notice. I came into work and at the end of my shift they just called me into the office and gave me a letter. It was like a bombshell.
“The least he could have done was give us some notice so could try to get another job. To just throw us out like this is so unfair. We’ve got rent and bills and living expenses to pay, it’s very distressing.
“It could take us three months now to get another job as we have to get a ‘Reside and Seek’ permit first.”
Mr. Cheema has been employed by the Arnold Group for three years and three months. He said: “There are too many expatriate workers being exploited by their employers. We would like to tell the people of Bermuda that employers like Frank Arnold shouldn’t be allowed to exploit the guest workers.
“The Government should be stepping in to protect our rights.”
Another manager, who did not wish to be named, said: “This action started in September and has been very gruelling. More than anything, we’re doing this for the human rights of any expatriate workers who come to this island. We were wrongly informed of the working practices here. If this had happened in Canada it would have been resolved in a week.”
He said many felt let down by the Government and wanted tighter labour laws with clearer contracts. “I don’t think the Government has done a very good job of this. Ten months on and now you’ve got people being fired,” he said.
“Nobody really cares. The tribunal may have to happen now.”
A Government spokesman said: “The Ministry of Labour and Immigration will not comment on the particulars of matters that have been referred to the Employment Tribunal. We can confirm that discussions have been ongoing in this matter and we hope that all parties involved will reach a mutually satisfactory resolution in the near future.”
