Safety & HCM Post

Not Enough Proof that Fired Waiter Committed Theft

Theft is certainly just cause for dismissal, especially in the restaurant industry where servers are relied upon to collect the money from the customer and deliver it to the owner. The problem, said the arbitrator, was that the restaurant didn’t have the “clear, cogent and cogent” evidence it needed to prove the waiter it fired committed theft. The evidence it did have was largely circumstantial—the waiter’s abnormally high rate of “voids” generated by the restaurant’s Point of Sales system to flag transactions with payment problems. But as even the restaurant conceded, voids didn’t prove theft. And many of the other servers at the restaurant also had high void rates [Unite Here Local 40 v Host International of Canada, Ltd., 2018 CanLII 116963 (BC LA), Nov. 28, 2018].

Bongarde Editorial

Bongarde Editorial

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