Hotel fined for illegal staff hirings (Update)

When they arrived, they walked to the dining hall area and saw numerous large, artificial plants.

The court heard that a few minutes later, a man, William Peck, came into the room and moved one of the plants onto a trolley and took it outside the dining hall.

Crown counsel Cindy Clarke told the court the officers followed Mr Peck to the main reception area where he was seen placing it next to a pillar.

Ms Clarke said the hotel’s general manager, Johannes Martens, was introduced to the officers and was asked if he had permission from the Minister of Home Affairs to have certain individuals working.

“Mr Martens informed the inspectors that he was not aware that permission was required from the Department of Immigration for the said individuals to assist in the hotel and stated he was sorry for the misunderstanding.”

Mr Martens went into his office with the officers and Mr Peck and another man, Samuel Rosenberg.

“Samuel Rosenberg was the interior designer and admitted he was requested to freshen up the main building for the upcoming season.

“He came to consult on the placement and installation by hotel staff and tradesmen. The project was falling behind on time and he started to lend a helping hand and instructed the fellow consultants to help if possible.”

Ms Clarke said Mr Peck confirmed that he “fabricated” artificial trees and florals and came to Bermuda to oversee the placement of trees in pots.

“He had not planned to move the pots himself, but as the staff was extremely busy, he thought he was just helping.”

These jobs were done without permission.

The officers returned on a subsequent day after another complainant was made about the same two men working on the property.

Mr Martens told them he had sought permission from the permanent secretary of Home Affairs for the men to assist the local staff with the completion of the decorating.

He said the men were showing the staff where to put things and overseeing.

Addressing the court, Christopher Swan, lawyer for Grotto Bay, said the whole incident was a misunderstanding.

“In considering the sentence in this matter, we ask Your Worship to take into consideration that the hotel has pleaded guilty in these matters and as also you will note from the statement, Mr Martens apologised immediately for any misunderstanding.

“Directly thereafter, he sought permission and after the permission was denied, he told them not to engage in the activity they were engaging in.

“He was not aware permission was required for these people to assist in the way they were assisting.”

But Senior Magistrate Archibald Warner questioned if it was a misunderstanding.

“As the manager of staff at Grotto Bay, it’s incumbent on him to know the relevant Immigration regulations.”

Mr Swan admitted “ignorance is no excuse” and said once the wrongdoing was brought to his attention, Mr Martens apologised and the work stopped.

 He added: “They didn’t come to Bermuda to move these things. They just thought they could help.

“I think they have all learned a lesson in this regard.”

While sentencing, Mr Warner said: “Grotto Bay and its management is an organisation that employs and hires several non-Bermudian workers and as such, it should be well aware of the laws, regulations under the Bermuda Immigration Protections act, which covers hiring of workers.

“Simply put, they failed to comply. Of course their submission through you, Mr Swan, was that it was an oversight, but with these types of offences, taken from reading the newspapers, is a contentious area and an area which is jealously guarded and protected and must be influenced.”

Mr Warner said there must be a deterrent aspect to the sentence. He fined the hotel $4,000 for each count.