Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Fired from bar-job for not charging staff full price of pints

2

Comments

  • Posts: 0 Mary Odd Sunset


    Ah here lads it’s not a criminal justice matter there’s no “innocent until proven guilty”

    if you get caught stealing you can and will be sacked on the spot.



  • Moderators, Business & Finance Moderators Posts: 10,456 Mod ✭✭✭✭Jim2007


    It could get a lot worse than that. He stole from them and some people do take exception to that, so they might say: sorry we are unable to discuss Mr. X because there is an going legal case due to a disciplinary issue....



  • Moderators, Business & Finance Moderators Posts: 10,456 Mod ✭✭✭✭Jim2007


    The actual process when someone steals something from you is that you call the Garda at the time or make a complaint later at the station, who then investigate it. And that might still happen as part of the employer's attempts to get their house in order in defence of a claim by the OPs son. Labour law does not trump criminal law.



  • Registered Users, Registered Users 2 Posts: 7,717 ✭✭✭Gusser09


    The wrc will first and foremost ensure that processes for dismissal were followed correctly. Sacking someone on the spot doesnt cut it.

    Secondly they wilo want to ensure that the action taken is proportionate. Which in this case it is.



  • Registered Users, Registered Users 2 Posts: 18,496 ✭✭✭✭bucketybuck


    Of course you can sack somebody on the spot and it is inane to claim otherwise. Stop pretending "process" is something more than it is.

    I once sacked somebody because he punched a co-worker, I was standing there, I saw it happen, I sacked him immediately, and I'm going to laugh long and loud at anybody that tries to say I wasn't allowed to.



  • Registered Users, Registered Users 2 Posts: 440 ✭✭Ted222


    Nobody’s suggesting that. Like the OP’s case, it’s pretty open and shut.

    But there’s a process to follow regardless to protect the employer. Everything should be documented with confirmation of any witnesses etc. There’s nothing to stop a disgruntled employee from going to the WRC with a pack of lies and unless an employer has documented evidence of having gone through proper procedure etc, they’re exposed.



  • Registered Users, Registered Users 2 Posts: 440 ✭✭Ted222


    Theft isn’t the only form of gross misconduct for which a person can be instantly dismissed. Other forms can be more difficult to substantiate and it’s in a employer’s own interest to ensure they’ve acted appropriately and reasonably in the circumstances.



  • Registered Users Posts: 1,304 ✭✭✭tomhammer..


    How was that proved ?

    Dismissed on the spot and proved don't equate



  • Posts: 0 Mary Odd Sunset


    I actually can’t (well it’s boards so I can) believe there’s an argument whether or not you can sack someone for stealing.

    I mean it’s absolutely unreal.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 1,415 ✭✭✭JVince


    She was seen, it was in her pocket and CCTV also showed her taking it from the bag.



  • Registered Users, Registered Users 2 Posts: 27,290 ✭✭✭✭breezy1985


    What we really need to know from the OP is what conversation was had between the boss and the son.

    I doubt it was as simple as "your fired mate" (although it is possible with some of the dinosaurs and coke heads hanging around in hospitality)

    Far more likely the son was confronted and admitted guilt and was then rightly sacked or walked. That would easily be seen as a "satisfactory process"



  • Registered Users, Registered Users 2 Posts: 440 ✭✭Ted222


    Nobody’s saying that.

    What’s being said is that there’s a way it needs to be done to protect the employer from any subsequent claim of unfair dismissal.



  • Registered Users, Registered Users 2 Posts: 5,085 ✭✭✭Rubberchikken


    Maverick or not, rules are rules.

    Out in the big world, and college student bar work isn't it. He'll have to learn and accept rules he may not like or agree with.

    That's real life.



  • Registered Users, Registered Users 2 Posts: 27,290 ✭✭✭✭breezy1985


    And we don't know if that was done or not in this case.

    Most of the time it really is a simple conversation when you work in an industry full of computerized tills and CCTV.

    I get the feeling some people are coming at this from a world of office/factory style "he said, she said" HR complains.



  • Registered Users, Registered Users 2 Posts: 12,659 ✭✭✭✭mariaalice


    Tell your son to take a week off and then look for a different but similar job at a cafe for example, get him to say he is looking for a change, and get someone he worked with to give him a reference.

    It is better to leave it behind him as it is his last year of college which is only two months away move on from it.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 3,260 ✭✭✭Kaisr Sose


    In a criminal case a judge would clearly mitigate that and say the accused did not benefit from the theft.

    Were the other staff members that got cheaper drinks sanctioned too? They must have known they underpaid.

    It seems very heavy handed of the employer to go for the barman. Where is the due process employers are supposed to follow when embarking on a sacking ?



  • Registered Users, Registered Users 2 Posts: 6,175 ✭✭✭Augme


    Because there's significant case law in this area that suggests otherwise.


    The recent case of Arkadiusz Grzyb v Lidl Ireland Gmbh ADJ-00033038 demonstrates that an employer must ensure that the “punishment fits the crime” in respect of determining what disciplinary sanction (if any) may be appropriate where an investigation finds that the employee may have a case to answer in respect of their conduct at work.


    In this case the company found the Complainant guilty of gross misconduct for theft due to non-adherence to cash management procedures, write off management, and inventory control following an investigation.


    The Workplace Relations Commission found that “…..the sanction of dismissal does not come within the band of reasonable responses and is disproportionate. I find the Complainant was unfairly dismissed on substantive grounds”. The employees financial loss was approximately €23,000 but the compensation was reduced to €17,000 as it was found that the employee had contributed to his own dismissal.





  • Registered Users, Registered Users 2 Posts: 6,175 ✭✭✭Augme


    Just because you did it, doesn't mean it is allowed. Worth noting that cctv evidence is not always enough too.





  • Moderators, Politics Moderators Posts: 40,547 Mod ✭✭✭✭Seth Brundle


    How exactly can he take a week off from a job that he has been fired from?



  • Registered Users, Registered Users 2 Posts: 12,659 ✭✭✭✭mariaalice




  • Advertisement
  • Registered Users Posts: 1,304 ✭✭✭tomhammer..



    It seems that you can summarily fire someone

    You have to be able to prove it

    Just because you've fired them isn't proof of anything

    That comes later if at all



  • Hosted Moderators Posts: 23,177 ✭✭✭✭beertons


    Happens all the time in the bar game. No mates rates, unless the owner/manager is serving you. Live and learn. Don't do it again and move on.

    He could have saved a receipt from earlier, and said a customer bought him 2 drinks as a tip.



  • Registered Users, Registered Users 2 Posts: 1,415 ✭✭✭JVince


    That would have been worse. Till systems are very advanced. I can watch in real time transactions going through different tills on my mobile.

    An unusual transaction would raise a flag. Two "glasses" of beer late at night probably got noticed immediately and looked at.


    A couple of clicks on the CCTV system and you've matched the transaction to two pints.



  • Registered Users, Registered Users 2 Posts: 1,304 ✭✭✭monseiur


    There's more to this than the OP is telling us or that the son is telling his father.

    I used to frequent a pub some years ago and regularly witnessed one part time, (weekend) barman serve a group of 4 sometimes up to 6 of his mates (their tipple of choice was Fat Frogs in pint glasses) One lad would hand over a €10.00, barman would open the till and go thru the motions and give back at least €6 or €7 in loose change. It later transpired that what I witnessed was just the tip of the iceberg. (pub no longer in business)

    My sister in law and her husband bought a pub, it was their first time in the pub trade and to say they were green is an understatement. It's over 3 hours drive from us so we only visit a few times a year. On my second visit I nearly fell off my seat when I recognized the bar man on duty - he was the very same lad who was serving the free Fat Frogs to his friends.

    To cut a long story short hidden cameras were put in place and he was caught 'fiddling the till' big time and other indiscretions. Needless to say he was sacked and he immediately threatened solicitors letters, unfair dismissal case etc. in labour court....but when he realised there was video evidence he disappeared without trace.

    It turned out that he had glowing references from two previous bars he worked in one being my old local, both turned out to be bogus which were taken at face value and not checked out.😒



  • Moderators, Business & Finance Moderators Posts: 10,456 Mod ✭✭✭✭Jim2007


    Of course, but it is also fairly easy to detect these days, which is why it is so dumb to do. In my experience most people who think they have a cunning plan very rarely do.

    Although on one occasion I had a client where I was sure one of their barmen was on the take, but I could not figure out how he was doing it. He passed ever single check I carried out, except his lifestyle did not match his income! It took nearly a year but eventually I crack it - the bugger was buying his own spirits at a cash and carry and selling them over the counter in the bar! That is why all the control systems were within balanced on every inspection. It's just on two occasions I noticed that the number of spirit glasses used and washed vastly outnumbered the amount of spirits sold at the end of the night.



  • Moderators, Business & Finance Moderators Posts: 10,456 Mod ✭✭✭✭Jim2007


    You can always summarily fire a person, you just have to be willing to accept the financial consequences of doing so. And yes I have known some employers who have do it. Some people are very casual about employee theft and some take great exception to it. I remember at one stage commenting to the finance director of a multinational company that there was a hundred pounds (yep it's that long ago) unaccounted for in their van sales, but it was not material given the size of the turnover. Only to be told "It's bloody material to me!" and he made it his mission for he next couple of months to track down that van driver!



  • Registered Users Posts: 1,304 ✭✭✭tomhammer..


    I should have said the law protects you against unfair summary dismissal

    So it's correct to say anyone can be summarily dismissed but it may not stand up to later scrutiny

    Ime in retail you're out the door for any theft . Be it a €1 sweet or more



  • Registered Users Posts: 1,304 ✭✭✭tomhammer..


    Proof of wrongdoing or theft is not as simple as a manager saying he had them 'bang to rights '

    It can be subject to adjucation if the incident(s) are disputed



  • Registered Users, Registered Users 2 Posts: 10,314 ✭✭✭✭Dodge


    A part time barman got sacked for giving cheap drink to his mates and there’s people here bringing up criminal charges, litigation and WRC clauses?

    Suggest a few of you take a step back here



  • Registered Users, Registered Users 2 Posts: 18,496 ✭✭✭✭bucketybuck


    Its very common in this forum, there are people who think every business is constantly in the WRC because they didn't use the right words when giving a warning, and that every SME has a full HR department to deal with their 5 staff.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    So in the case of a pub, saving the CCTV recording of the till being checked would be pretty good evidence.



  • Posts: 0 Mary Odd Sunset


    It’s cos you can’t be trusted now basically. If you’ll steal a few sweets what’s to say a few euro isn’t next?

    I couldn’t let someone handle my cash or anything in a retail/hospitality business if I couldn’t trust them it’s that simple.



  • Registered Users Posts: 1,304 ✭✭✭tomhammer..




  • Registered Users Posts: 323 ✭✭Capt. Autumn


    OP here.

    Thanks to everybody for their inputs.

    My son has admitted he was too cavalier with the rules. He never set out to scam his employers and the scale of misbehavior, it was very much on the lower end. However, he now understands the gravity of his mistakes and the consequences that they have brought about. He woke up the next day, worked on his CV, and has already secured new bar work in an establishment much closer to home. I have no doubt that his new employers will not regret hiring him. He is a good lad.

    There probably is a case to present to the WRC but it's a zero-win game. I hope he takes this episode as a life lesson to take with him for the rest of his working life. In the service industry integrity is everything.



  • Moderators, Politics Moderators Posts: 40,547 Mod ✭✭✭✭Seth Brundle


    My son has admitted he was too cavalier with the rules.

    He wasn't cavalier with the rules - he broke the rules badly by stealing from his employer. That's a serious no-no and he needs to grow up. You also need to stop protecting him from himself.

    Would he disrespect his employer like this when he gets a job after college?

    He never set out to scam his employers and the scale of misbehavior, it was very much on the lower end.

    He deliberately stole from them by defrauding them. He knew what he was doing and you need to face this as a fact. There isn't a lower end - you just don't do it (have you ever stolen from your employer and if not, why?)!

    However, he now understands the gravity of his mistakes and the consequences that they have brought about. He woke up the next day, worked on his CV, and has already secured new bar work in an establishment much closer to home. I have no doubt that his new employers will not regret hiring him. He is a good lad.

    That's good. Hopefully he will respect his new employer a bit better.

    There probably is a case to present to the WRC but it's a zero-win game. I hope he takes this episode as a life lesson to take with him for the rest of his working life. In the service industry integrity is everything.

    Seriously, you should not have been helping him look for ways around his punishment. He literally got what he deserved after being caught stealing. As you say, integrity is everything. So far, he has none and you were helping him blame others for that.



  • Registered Users Posts: 1,304 ✭✭✭tomhammer..


    Probably see how he got that cavalier attitude



  • Registered Users, Registered Users 2 Posts: 18,308 ✭✭✭✭rob316


    Alright, ease off. He was stupid but its very much at the low end, he'll learn his lesson.



  • Registered Users, Registered Users 2 Posts: 440 ✭✭Ted222


    He undercharged a couple of mates for pints. He shouldn’t have done it and he ultimately paid a heavy price.

    But a bit of perspective. it wasn’t exactly a heist.



  • Moderators, Politics Moderators Posts: 40,547 Mod ✭✭✭✭Seth Brundle


    I know what he did. What he did was not being "cavalier with the rules". Similarly, the heavy price you mention should not be something a parent should be considering to help them get compo via the WRC from



  • Advertisement
  • Posts: 0 Mary Odd Sunset


    The OP wasn’t trying to get compo from WRC.

    The OP was asking if the sacking was fair/justified. It was. They’ve taken that on board and so has their son.

    Jesus lads like I can’t understand why when they have fully admitted they were wrong it’s being nit picked.

    OP fair dues to the young lad he F’d up but he’s at least had the cop on to admit it and do better going forward. Best of luck.



  • Registered Users, Registered Users 2 Posts: 6,856 ✭✭✭Allinall


    There is absolutely a lower end of the scale.

    Are you seriously saying that undercharging a couple of pints is on the same level as, say making off with the takings on a Saturday night of €20k?

    Do you think a court would give equal punishment for both offences?



  • Posts: 0 Mary Odd Sunset


    Ah here man I agree with the employer to sack him yeah but cmon it’s not that big of a deal either.

    Like Allinall said he didn’t make off with the til after a Saturday night. He shorted a few quid on pints. Absolutely stupid thing to do but hardly crime of the century.

    I think rather than the OP needs to be more hard on him I think you need to take a step back and have a look at how you’re jumping down a strangers throat over their choice of words.

    He bent some rules and took the piss. That’s what he did.



  • Registered Users Posts: 3 canihelp


    As a final-year student, your son will not need to use this employment as a reference if he is going for a job in line with his qualifications (assuming it is not hospitality). He can list it on a CV with the duties carried out. He can also state he left due to college pressures. He will have Lecturers and other staff who can give him a reference in line with his academic attainments.

    He can learn a lesson from this and realise he had obviously not heeded other warnings about behaviour, he will need to reflect on this and be more mindful and careful in the future.



  • Moderators, Business & Finance Moderators Posts: 10,456 Mod ✭✭✭✭Jim2007


    Every single thief I met in course of doing audits and fraud investigations had come up with some excuse to justify their behaviour:

    • It was only a small amount
    • Everyone does it
    • I'm not well paid
    • I should have got a bonus
    • ...

    But the fact remains - they stole from their employer and that has a couple of side effects:

    • It means other employees come under suspicion
    • It impacts the moral of the team
    • Employers loose money
    • Customers pay high prices

    And every employer I met took it very serious because people graduate to bigger crimes and others join in if they see someone else getting away with it.



  • Registered Users, Registered Users 2 Posts: 6,742 ✭✭✭Wanderer2010


    Wow some people on this thread really need to get a life. He's 18 and he got fired from his first job. Big deal, you would swear he was Daniel Kinihan the way some people are reacting. Take it on the chin and move on. This happens all the time. Some boardsies really worship their employer and live to work. I thought that was an American cultural thing but many Irish people really think their job is their sole defining characteristic. Very sad really. At the end of the day it's just money and if you dropped dead tomorrow they wouldn't even know your name! Some perspective badly needed.



  • Advertisement
  • Registered Users, Registered Users 2 Posts: 19,076 ✭✭✭✭Bass Reeves


    My son worked in the bar trade going to college. he worked in 2-3 different establishments. It was common practice for staff to have one free drink after there shift was over. they did not have any more as they were all driving and those on N liciences did not have any

    This young lad gave two other workers a pint at glass prices. Now with how hard its to get decent staff I am surprised the manager threw the clothes off himself. TBH its sound like a sh!thole of a place, what more surprising is that it happened after three years working there. I wonder was the manager on an ego trip or just trying to make an example if it was common practice there or if he was trying to make an example and picked a lad that would be finishing up in 3-6 months anyway.

    Not sure if the case went to the WRC how it would be looked at. There was no benefit to him in what he done. Resturants and pubs do not need to find excuses to price gouge at present. Got a pint in Lowary's near Croke Park for 5.5 euro a few weeks ago, same night the young lad paid over a tenner in another establishment in Dublin.

    My son worked for 2-3 weeks in a sh!thole of a place in Galway, the manager was fiddling the tips and not paying for all the hours worked. He had to ring the owner to get his money sorted when he finished up.

    Good staff are hard to find, anyone can hire donkeys that can only do one drinks order at the time. Experienced staff in any sector are valued. the margin on drink and food is huge.

    No sane person would describe this as serious offence on a scale of 1-5 for theft it barely a 1

    Slava Ukrainii



  • Registered Users Posts: 323 ✭✭Capt. Autumn


    Ah thanks for that. You're right, I am pretty laid back and don't believe in being too judgemental when someone makes a mistake. We're all human. Maybe if you removed that rod that's stuck a mile up your hole you might chill out a little too.



  • Registered Users, Registered Users 2 Posts: 5,566 ✭✭✭Clo-Clo


    The person stole, rating the level of theft is odd to say the least.

    Not sure how you can figure out from a single post if the person in question is "Good staff" or a "donkeys"

    By the way, plenty of good staff will only work on one order at a time.



  • Registered Users, Registered Users 2 Posts: 27,290 ✭✭✭✭breezy1985


    How do you know he was "good staff"

    Don't forget your only getting one second hand side of a story.



  • Registered Users, Registered Users 2 Posts: 6,077 ✭✭✭kirving


    OP puts up a post that his son knows what he did was wrong and its still picked apart like it's in the supreme court...

    Noone is a robot, and whether it was morally right or wrong is far more dependent on the culture of the place then the law. It may have been completely normal practice in the bar among other staff, so he didn't understand how management would actually take it when they found out.



  • Advertisement
Advertisement