The following complaint was sent to NCL Directors complaining of HARASSMENT, PREJUDICE AND EXPLOITATION. After receiving the letter the perpurtrator was dismissed, however NCL refused to accept responsibility and refused to pay any compensation due to my forced resignation.
Attention:
Mr. Bill Cornell
Mr. Mathew Lewis
Norwegian Cruise Line
7665 Corporate Center Drive
Miami
FL 33126
08.18.2008
Dear Sir
COMPLAINT OF HARASSMENT, PREJUDICE AND EXPLOITATION
I, SATIYA, Mark Francis, with ID. 0128001 working in the Surveillance Department on the NCL Sky hereby lodge a formal complaint of harassment, exploitation and abuse in the Surveillance Dept. onboard the NCL Sky.
I started employment on the 04.27.2008 with NCL onboard the NCL Dawn and was transferred to NCL Sky on the 06.08.2008, the reason being that the SKY was short of surveillance personnel.
When I arrived on the Sky there was no Surveillance Department in operation and after a few days I was joined by Andrew Bastista and then SULLIVAN, Gerald. From the onset of my meeting with the new Surveillance Manager, Sullivan, he had a negative attitude towards me and his first remark was that “he had a South African guy working under him and he did not last at NCL even for a week.”
Both Andrew and I started working 12, 15 and 24 hour shifts with us rotating between night and dayshifts, with no breaks in-between for lunch or going to the rest room. SULLIVAN insisted that we could not leave the camera room unattended and he was not prepared to relieve us. I had to wait for a second when SULLIVAN stepped out of the Surveillance room before I could run to the rest room and get back. We continued working in these conditions without food and water. SULLIVAN would also make statements like, “your work does not end after your shift but only when you sign off the ship and I can page you or call you anytime to the office”
Refer: NCL SEMS – F312 –Record of work and rest hours:
“Details
1. Based on the STCW and proposed ILO Consolidated Convention standards, the minimum rest periods requirement and maximum periods requirement are mutually exclusive. The proposal Convention specifically states that in regulating hours of work, a Member (Flag State Country) SHALL EITHER regulate a maximum number of hours of work OR a minimum hours of rest, either of which must be consistent with the provisions of the Code. (Regulations 2.3.2) STCW, on the other hand, establishes only minimum hours of rest required to be considered fit for duty. (Section A-VIII/1) On a daily basis, it doesn’t make a difference under the proposed Convention as to whether the Member elects to regulate work or rest because once the 10 hour minimum for rest is met, in any 24 hour period there would only be 14 hours available for work (which is the maximum allowed by the proposed convention). It does make a difference, however, under the 7 day standards. Because rest is a minimum, if rest is regulated, the remainder can be worked (i.e., 98 for STCW and 91 Convention).it does make a difference, however, under the 7 day standards. Because rest is a minimum, if rest is regulated, the remainder can be worked (i.e., 98 for STCW and 91 Convention). Conversely, if work is regulated, the maximum allowed under the Code will be 77 hours over the 7 days, with the balance being available for rest (91 hours, which is well above rest minimums under either STCW or the proposed Code).NCL/NCLA/OL SEMS requirements reflect STCW (mandatory for all ships), flag state regulations (USCG or BMA), and individual Collective Bargaining Agreements (CBA’s).”
4. “ILO applies to everyone “who is employed or engaged or works in any capacity on board a ship to which the Convention applies.”
SULLIVAN also insisted on knowing what we do in our rest times and made profane statements like “you guys must move around the ship in your spare time and not play with yourselves in your cabins”
SULLIVAN continued with this attitude of always belittling me and Pravin (the new technician that joined us at a later date) in front of the other surveillance operators and other individuals not from the Surveillance Department. SULLIVAN would at times bang on the table and swear profane languages at us. He would also make statements like “I care a f***k for any one of you.” At times he would also swear regarding other individuals including yourself, as he would say that “Bill knows f***k all about casinos and he put up the cameras in the casino and the views are all f***ked up and I have to go and put it right. He never consulted me as to the way I wanted it.”
At times SULLIVAN would ask me a question and if the answer did not suit him, he would become very aggressive and continue to harass me and he would go on and on about it. SULLIVAN proved to lack management skills and he was very short of being a manager as he would not deal in fairness and he always attempted to find trivial excuses to harass me about. He ruled as an autocrat and with an iron fist. He should always burst out in anger when he wanted to without cause, although I tried to do my very best. This was not appreciated.
If I did not agree with him on any points, he would become very angry and he would bang on the table with his fists and use vulgar terms on me. He also made threats that if we try to come against him, he will come right back at us and he will make us pay severely. He continued to show me discrimination and stated that if I am in the USA I must adapt to that way. He also stated that he has Miguel Pilgrim on his side and he will back him with anything as they are very good friends. At no stage did I give him permission to use profane terms on me. The work environment became a hostile and a prison to me. Back home in South Africa, I am a minister in a local church, I serve the Department of Justice and Peace as a Commissioner of Oaths and I am also the Founder and President of the Kawasaki Disease Foundation Of South Africa, a NPO in SA, serving the community and at no such instance was I ever belittled or treated in this manner. Even the previous Surveillance Manager at the Dawn treated me with respect. Refer to NCL HR Policies and Procedures Number 1011 Subject: Anti-Harassment:
“NCL strives to create and maintain a work environment where team members are treated with dignity, decency and respect. The company will not tolerate offensive behavior or acts that can lead to unlawful discrimination or harassment. The work environment at NCL is characterized by mutual trust and the absence of intimidation, oppression and exploitation. Violation of this policy and based upon the seriousness of the offense, disciplinary action may include written warning, corrective action up to and including termination of employment.”
“IV PROHIBITED CONDUCT UNDER THIS POLICY
Harassment:
• Harassment, including sexual harassment, is prohibited by federal and state laws. This policy prohibits harassment of any kind, and the company will take appropriate action to address any violations of this policy. The definition of harassment is:
• Verbal or physical conduct designed to threaten, intimidate or coerce. Also, verbal taunting (including racial; and ethnic slurs) which, in the team member’s opinion, impairs his or her ability to perform his or her job.”
“Examples of harassment are:
Verbal:
• Comments which are not flattering regarding a person’s nationality, origin, race, color, religion, gender, sexual orientation, age, body, disability, or appearance. Comments include slurs and negative stereotyping.”
SULLIVAN continued displaying an attitude of a split personality like some thing was seriously wrong with him mentally and it is not known what to expect next. What shocked and embarrassed me is the way he used to call me by crooking his finger as if I were a two year old.
My life on board became a living hell, instead of what I was promised before my employment at NCL and at the same time, I was getting sick as I was not eating and I was skipping meals and not going to the rest room at times because I could not leave the camera room, which resulted in diabetes that started reacting as it could not be controlled due to me not eating on time and not having a balanced diet. When we went on a meal, even if we were off duty he should question us and get angry about it.
If compared with the previous medical results from the Dawn, when I found that I suffered with diabetes, it was controlled. My blood sugar level began to rise right up to 198 in the Sky and when I informed SULLIVAN about it he showed no concern. He was also informed that I was advised by the ships doctor to have my blood sugar tested twice, in the morning and afternoon at the medical centre but Sullivan made no attempt to have me relieved as he would sometimes only come into the camera room after 11am at which time the medical centre was already closed. SULLIVAN continued with his harassment and intimidation of me, which eventually ended me up at the South Miami Hospital, where I was admitted from the 08.08.2008 to the 08.11.2008 and a number of tests where conducted and I was finally diagnosed with Diabetes and Helicobacter Pylori infection, in my digestive system, weakening of the underlying stomach cells, which led to severe Gastritis.
On the 08.15.2008 I was again taken at 0800hrs to the Cruise Line department in South Miami Hospital where I spent the entire day there and I was taken back to the Sky at 1615hrs, before the ship sailed and I was met by the Personal Manager, George who was waiting outside the ship for me. I was then asked by George to proceed immediately to the medical centre, which I did and various tests where conducted by the medical staff there. I was under the impression that SULLIVAN was aware of my return to the vessel, as the Personnel Manager was expecting my return to the vessel and was already waiting outside for me. I was then informed by medical staff to go back to Personnel, which I did and received a new ID card/key card for my cabin. I then proceeded to the cabin left my bag which I had brought from the hospital and then went to the Surveillance room and asked the operator, Andrew to page for SULLIVAN, which he did and informed him that I had arrived. I waited at the Surveillance Room for 30 minutes as I was informed by Personnel that I needed to go to a different cabin as my cabin was occupied by another crew member. I then took 2 of my suitcases from the Surveillance room, to the new cabin as the suitcases were brought there when I was admitted in the hospital. I also informed Andrew that I will leave the suitcases in the new cabin and return to see SULLIVAN.
When I arrived at the new cabin, SULLIVAN called me to the office and when I arrived there he began to harass me, stating that he has no more sympathy for me and that I made people to work 12hrs for me in the Surveillance. He also stated that I was an obstacle in the department and pulling the team down. He then asked me “what was the deal, ” I told him that although I was still not feeling well physically, I was prepared to work. He then took me to the ships doctor and embarrassed me as he stated to them that the Miami doctor’s letter says that I am fit for duty but I am telling him that I was still not well. He kept on badgering in the presence of the ships doctor and he accused me of dishonest in telling him that I was still sick. He then insisted that I start working immediately and I finished off at 0200HRS the next morning. Sullivan continued to show me discrimination.
Although I was very ill the next day, I continued to work and then on the 08.17.2008 I could no longer manage and I then proceeded to the medical centre, where my blood sugar was tested and it indicated a low figure of 77. The ship doctor then immediately booked me off sick for the next 24hrs and gave me a certificate which I gave to SULLIVAN. I then proceeded to my cabin to rest and I was called by SULLIVAN, who stated that I am becoming an obstacle in the Surveillance department and I must decide what I want to do and he suggest that I should resign so that I can go home the next day and he also stated that he wanted a written letter stating that I want to resign for medical reasons. He also told me to go and speak to the ship doctor and tell him that I wanted to resign, which I did, although I did not want to resign. I then went and gave SULLIVAN the written letter and he took me through to the Personnel.
The next morning SULLIVAN gave me a poor assessment, which I did not understand and agree with, as it was untruthful reflection. SULLIVAN then insisted that I signed the assessment. In comparison to the one month assessment that I received from the Surveillance Manager at the Dawn and compared to the assessment of 4 months done by SULLIVAN, it does not make any sense, as SULLIVAN failed to give me any previous assessments, counseling or warnings in the areas that he stated that I lacked, neither were these brought to my attention by SULLIVAN. I don’t understand why all these issues are only being brought to my attention at my departure.
At the Dawn I was treated with respect but I cannot say the same about the Sky Surveillance Manager. I am 38 years old but never in all my life have I been treated with so much disrespect. No matter how hard I tried to please SULLIVAN, he always had a problem with me. I cannot even describe the horror of working under SULLIVAN. I am so disappointed of the hospitality of America. My version of what America would be like is totally different from the reception that I had received.
Bill, what I wish to know, why is this sort of discriminatory behavior at management level allowed to be displayed onboard, where people leave their different Countries to come and work in the USA, thinking that there will be liberty, freedom and equality.
Attached kindly find copies of assessments from the Dawn and from the Sky. I sincerely wish that disciplinary action be taken against the perpetrator concerned.
Details of this incident will also be circulated to the local, international media, USA and SA Embassies should no action be taken against perpetrator. I sincerely hope that another South African citizen will not be treated in this same manner.
Yours sincerely
___________________
SATIYA, Mark Francis
[email protected]