August 8, 2022

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The hotel may not dismiss the employee for the private use of loyalty points

The hotel may not dismiss the employee for the private use of loyalty points

This is evidenced by a decision of the Court of First Instance of Aruba, which was published on Friday. Together with Holland, Curaçao and Sint Maarten, it forms the tropical island Kingdom of the Netherlands. Country It has its own legal system.

fun miles

Since 2013, the man has worked as the head of the maintenance department at Calaba Hotels, the operator of two Riu hotels in Aruba. In this position, he bought items for the hotel collection at a hardware store called Kooyman.

In August last year, the hotel promptly kicked him out after discovering that the man had taken discount points on purchase, which he then used for himself. With his so-called “fun miles” he would buy an air fryer, a kettle, and food for the dogs.

Theft, even class

The man did not agree to the dismissal, and filed a brief lawsuit. Successfully, because in March a judge in Aruba ruled that the hotel group should not fire the department manager immediately.

Then the employer attempted to terminate the employment contract through a new lawsuit. According to the hotel group, the discount points belong to the company, so there was a theft and a reason for dismissal.

Points evaporated

But the hotel group was outspoken again. According to the judge, the man could not have committed the theft, because the hotel group itself did not have a “pleasant miles card” and therefore did not collect discount points.

The judge concluded that if the head of the maintenance department “had not credited the points with the purchase of goods destined for Riu for his own account, it would have evaporated.”

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In addition, the head of the department also personally saved the points in the hardware store, so that the employer could not prove that the points he redeemed came from company purchases.

no beauty award

The hotel objected that the head of the department, as responsible for a maintenance budget of $1.6 million (converted over €1.5 million), should have ensured that the hotel had applied for its debit card from the hardware store.

According to the judge, the fact that the man did not do this deserved a “beauty award”, but it could not be considered as grounds for dismissal. So the man can not only keep the air fryer, kettle and dog food, but also keep his job.