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Author Topic: robbed, fined and then fired
TemporalHominid
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Babbler # 6535

posted 10 October 2008 08:46 AM      Profile for TemporalHominid   Author's Homepage        Edit/Delete Post  Reply With Quote 
Kathy Nesbitt, 50 was robbed, fined and then fired

quote:
After police were called, the restaurant manager ordered Nesbitt to sign a declaration that stated because she had sole access to the till, she was responsible for the missing cash.

It also said she agreed to repay the $835.80 to the restaurant's owner, Lavtor Holdings Alberta Ltd. Until the full amount was paid back, $105 will be deducted from each paycheque.

"I was very upset to begin with after the robbery."

Nesbitt signed the document, but said she did so under duress, adding her manager wouldn't let her go unless she signed the paper.

When her next paycheque had $105 deducted, she went to Employment Standards.


On Sept. 30, she received a termination letter saying her employment had ended effective immediately, but it didn't state the reason for her firing.

Her final week's pay, vacation and one week's severance pay - totalling just over $600 - was withheld to help pay for the missing money, states the letter, signed by Rob Sroka, vice-president of Lavtor.
"We have also contacted Employment Standards and will be charging you in civil court for this loss," he wrote.

"At this time you are banned from all Smitty's locations in Edmonton, Red Deer and St. Albert for a period of no less than one year."




From: Under a bridge, in Foot Muck | Registered: Jul 2004  |  IP: Logged
DrConway
rabble-rouser
Babbler # 490

posted 10 October 2008 09:04 AM      Profile for DrConway     Send New Private Message      Edit/Delete Post  Reply With Quote 
Oh, joy. It's in Alburda. Hopefully they don't have troglodytes running the tribunals, so that she can actually slap Smitty's a good one and force them to cough up for being such utter asshats.

(addendum: Any people from Alberta reading this who are offended have only your Ralph-Up of a premier to blame for this perception)


From: You shall not side with the great against the powerless. | Registered: May 2001  |  IP: Logged
bagkitty
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Babbler # 15443

posted 10 October 2008 11:20 AM      Profile for bagkitty     Send New Private Message      Edit/Delete Post  Reply With Quote 
Sure DrConway I am glad that your need to express some sort of perceived regional superiority took pride of place as opposed to the decent response of expressing solidarity with a working class woman who has been abused and deprived of her income by her employers. I am certain that she would take great comfort from your words were she to read them. And heck, it is statistically likely that she voted for Klein's party at some point in her life, you forgot to mention that.

Edited to specify Klein's party rather than Klein himself, the story was from Edmonton, not Calgary Elbow]

[ 10 October 2008: Message edited by: bagkitty ]

[ 10 October 2008: Message edited by: bagkitty ]


From: Calgary | Registered: Aug 2008  |  IP: Logged
DrConway
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posted 10 October 2008 11:24 AM      Profile for DrConway     Send New Private Message      Edit/Delete Post  Reply With Quote 
Then show me that Alberta's employment standards and labor relations enforcement divisions have actually come down on the side of employees more often than employers.
From: You shall not side with the great against the powerless. | Registered: May 2001  |  IP: Logged
Michelle
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Babbler # 560

posted 10 October 2008 11:27 AM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
I think maybe it's time to start a little solidarity action online, similar to the one that happened around Stacey Fearnall when she was laid off from Nathaniel's Restaurant in Owen Sound when she shaved her head for cancer.

As I remember, that shook up the owners pretty nicely. Who wants to start the Facebook group? Who wants to start hitting the restaurant review sites?

[ 10 October 2008: Message edited by: Michelle ]


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
Michelle
Moderator
Babbler # 560

posted 10 October 2008 11:32 AM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
E-mail addresses to contact at Smitty's Restaurant

Corporate Contact Information

Smitty's Canada Limited
#600 - 501 18th Ave S.W.
Calgary, Alberta
T2S OC7
Phone: 403-229-3838
Fax: 403-229-3899

President president@smittys.ca
Finance controller@smittys.ca
Operations operations@smittys.ca
Marketing marketing@smittys.ca

For inquiries regarding corporate employment with our head office
Human Resources hr@smittys.ca


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
Michelle
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Babbler # 560

posted 10 October 2008 11:37 AM      Profile for Michelle   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
Why not tell Rob Sroka, the VP who signed the letter telling her they were withholding her final pay, banning her from all their Smitty's franchises, and bringing a civil action against her, how you feel about his company's employment practices?

Rob Sroka, Vice President, Lavtor Holdings, (780) 408-2045

From here.

[ 10 October 2008: Message edited by: Michelle ]

[ 10 October 2008: Message edited by: Michelle ]


From: I've got a fever, and the only prescription is more cowbell. | Registered: May 2001  |  IP: Logged
TemporalHominid
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posted 10 October 2008 12:54 PM      Profile for TemporalHominid   Author's Homepage        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by Michelle:
Why not tell Rob Sroka, the VP who signed the letter telling her they were withholding her final pay, banning her from all their Smitty's franchises, and bringing a civil action against her, how you feel about his company's employment practices?

Rob Sroka, Vice President, Lavtor Holdings, (780) 408-2045


This Alburden-troglodyte is on that, right now. Thanks for the info Michelle.

[ 10 October 2008: Message edited by: TemporalHominid ]


From: Under a bridge, in Foot Muck | Registered: Jul 2004  |  IP: Logged
torontoprofessor
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posted 10 October 2008 01:24 PM      Profile for torontoprofessor     Send New Private Message      Edit/Delete Post  Reply With Quote 
On a mcuh much much smaller scale, something similar happened to me.

When I was about 16, I thought that being a bike courier might be a fun job. I worked for one day, with a company on Yonge south of King. (A pretty rough part of town in 1978, as I recall.) Anyway, at the end of the day, I asked how much I had earned (we were paid by the job and not by the hour), and I had some dispute with the guy because my calculations said about $75, and his said about $50. So I quit on the spot, told him to send me my cheque and left angry. My cheque came for $30, i.e., $20 less than I anticipated. I phoned and asked why. "It was because of the hole that you kicked into the wall in the stairwell after you left. That cost $20 to fix." Well, I had never even kicked the wall in the stairwell. My dad took the phone, and there was lots of "I'll see you in court", etc.

Happy ending: I contacted the appropriate office at Queen's Park (I don't remember which). I had an appointment with someone who explained to me that even if I had done damage to the property, they still had to pay me the full $50. If they wanted to recoup the lost $20 in damages, they would have to sue me -- it was illegal of them simply to remove it from my pay. He then phoned the bike courier company, asked them why they hadn't payed my money, told them that if they didn't they would have to deal with the relevant provincial office (I cannot remember which office it was), and then looked at me and asked, "Would you like the balance mailed to you, or would you like to pick it up in person?" I had a cheque for the difference within two weeks.


From: Toronto | Registered: Jun 2007  |  IP: Logged
TemporalHominid
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Babbler # 6535

posted 10 October 2008 04:50 PM      Profile for TemporalHominid   Author's Homepage        Edit/Delete Post  Reply With Quote 
I got a response to my letter already

quote:
Thank you for taking time out of your busy schedule to share your concerns regarding the recent media attention surrounding the termination of an employee at a Smitty's restaurant in Edmonton, Alberta.

The above situation has been brought to our attention at Smitty's Canada Limited. Our President (Mr. Chris Manderscheid) has been in communication with the franchise owners of that location. While we cannot speak for our franchisees on their specific employee employer relations, it has been brought to our attention that there are extenuating circumstances in this situation that the media has not picked up on.

On behalf of our franchisees we do know that they look upon their teams as crucial to the success of their restaurants and they continually strive to treat all of their employees fairly and with respect.

Thank you again for taking the time to write to us and we will be forwarding your concerns to the franchisee of that location.

Greg Liber
Director of Operations
Smitty's Canada Limited
Phone (403) 229-3838
Fax (403) 229-3899 Website www.smittys.ca

Canada's Largest Family restaurant chain - Since 1960



From: Under a bridge, in Foot Muck | Registered: Jul 2004  |  IP: Logged
bagkitty
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posted 10 October 2008 04:54 PM      Profile for bagkitty     Send New Private Message      Edit/Delete Post  Reply With Quote 
It sounds like the Timbits story all over again.

Story from May of this year.


From: Calgary | Registered: Aug 2008  |  IP: Logged
DrConway
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Babbler # 490

posted 10 October 2008 06:33 PM      Profile for DrConway     Send New Private Message      Edit/Delete Post  Reply With Quote 
Extenuating---! My ass there was. I smell a full-on CYA operation going on here.

And speaking of troglodytes, I was referring to the government employees in the employment standards etc divisions who do not necessarily inspire me with confidence that they will strenuously act on behalf of employees.

After all, if (as the story goes that I was told) Alberta actually makes welfare recipients look for a job on Sunday even if everything's closed... well, you get the idea. OH, and let's not forget dumping all those welfare recipients on BC.


From: You shall not side with the great against the powerless. | Registered: May 2001  |  IP: Logged
martin dufresne
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posted 10 October 2008 07:51 PM      Profile for martin dufresne   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
October 10, 2008

Mr. Chris Manderscheid,
President
Smitty's Canada Limited
#600 - 501 18th Ave S.W.
Calgary, Alberta
T2S
with cc: to various executives and Calgary media

I was shocked to read on CNEWS of Ms. Kathy Nesbitt's mistreatment by your company, at its Manning Crossing establishment.
It is clear that your franchisee screwed up big time, and the sooner you own up to this, the better.
I hope you do the right thing and correct what is fast becoming nation-wide a star example of how a "family business" can feel entitled to treat its employees like so much trash, even after a distressing robbery.
Banning Ms. Nesbitt from your shops only adds insult to injury and discredits Smitty's as an ethical employer.
I hope she takes you to Court and wins a handsome settlement, including moral damages, making an example for Canadian restaurant employees everywhere.

Martin Dufresne
Montreal, Qc


From: "Words Matter" (Mackinnon) | Registered: Dec 2005  |  IP: Logged
Aristotleded24
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posted 10 October 2008 09:23 PM      Profile for Aristotleded24   Author's Homepage     Send New Private Message      Edit/Delete Post  Reply With Quote 
It's ridiculous. Any cop will tell you that in the event of a robbery the best thing is to calmly give up whatever the robber is asking for, and that it's not worth the risk to your physical safety to protect personal property.
From: Winnipeg | Registered: May 2005  |  IP: Logged
TemporalHominid
rabble-rouser
Babbler # 6535

posted 11 October 2008 07:21 AM      Profile for TemporalHominid   Author's Homepage        Edit/Delete Post  Reply With Quote 
quote:
Originally posted by TemporalHominid:
Kathy Nesbitt, 50 was robbed, fined and then fired



some Alburden Troglodytes read the story (who knew they could read?) and respond to it in the Edmonton Sun

quote:
I find it absolutely disgusting that Smitty's can justify finding Kathy Nesbitt ("Waitress fined, fired," Sun, Oct. 6) liable for the stolen money. First of all it is against the Employment Standards Act, as it should be, and as it is with a dine-and-dash. Maybe Smitty's should have a manager running the till. How does this company expect someone to give good service and watch the till at the same time? I have worked in the restaurant industry for 12 years and have never heard of this before. I know one thing: I will never step in a Smitty's again.

Ian Hunter

quote:
I just read your piece on Kathy Nesbitt's ordeal and Smitty's/Lavtor should be ashamed ("Waitress fined, fired," Sun, Oct. 6). This is why businesses have insurance: bite the bullet and make a claim, you yahoos. Unfortunately this is too common in the service industry and happens more often than you might imagine.

Barry Linkiewich


From: Under a bridge, in Foot Muck | Registered: Jul 2004  |  IP: Logged
TemporalHominid
rabble-rouser
Babbler # 6535

posted 11 October 2008 08:36 AM      Profile for TemporalHominid   Author's Homepage        Edit/Delete Post  Reply With Quote 
Me troglodyte want just clear things up

The incident happened on Sept. 10th. Nesbitt was not terminated until Sept. 30th. which was after she went to Alburda Employmund standurds labur burd for advice. At this time the EPS do not consider Nesbitt to be a person of interest.

regardless; In Canudu, section 11(d) of the Canadun Chartuh of Rites and Freedums.
states:

quote:
Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.

It is illegal under Alburda law to withhold payment or vacation pay, which has occurred in this case.

Also, an employee can never sign away their employee rights. "Extenuating" circumstances have no bearing.

quote:
There are some deductions that are not allowed, even with a written authorization from the employee. You cannot take deductions for faulty workmanship. Also, you may not deduct for cash shortages or loss of property where more than one person has access to the cash or property
.

Alburda Employmund Standurds

quote:
Payment of wages, overtime pay and general holiday pay

8(1) Wages, overtime pay and general holiday pay earned in a pay period must be paid by an employer not later than 10 consecutive days after the end of each pay period.

(2) When employment ends, earnings must be paid by an employer within the time described in section 9 or 10.

Deductions from earnings

12(1) An employer must not deduct, set off against or claim from the earnings of an employee any sum of money, unless allowed to do so by subsection (2).

(2) An employer may deduct from the earnings of an employee a sum of money that is

(a) permitted or required to be deducted by an enactment or a judgment or order of a court,

(b) authorized to be deducted by a collective agreement that is binding on the employee, or

(c) personally authorized in writing by the employee to be deducted.

(3) Despite an authorization in a collective agreement or a written authorization by an employee, an employer may not deduct from earnings a sum for

(a) faulty workmanship, or

(b) cash shortages or loss of property if an individual other than the employee had access to the cash or property.



Alburda's EMPLOYMUND STANDURDS CODE

Of course, this is assumin' that this Alburdun has compruhunded the Alburda Employmund Standurds Code and Canudu's Chartuh of Rites and Freedums.

[ 11 October 2008: Message edited by: TemporalHominid ]


From: Under a bridge, in Foot Muck | Registered: Jul 2004  |  IP: Logged

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