Partner being accused of theft!

Hi all this is partly vent partly for help!

My DP works in a restaurant/bar as a duty manager. He works Tues dayshift and Wed-Sat nights. Sat nights is the busiest night of the week. Not Saturday just been but the Sat before he did cash up(as he does all Saturdays so he can finish and come home to me and baby). He has done the cash up rebalanced the float and then put the floats into the drawer where they are kept when not in use.

Sun/Mon are his RDO's so not even on the premises. Sun-Wed they don't use all the floats as they aren't busy enough what's the point in using all tills if they aren't busy and having to do 6cash ups as opposed to 2 this is logical, have done this in business that I have worked at. Tuesor Wed not entirely sure, the owner has checked the tills and they are $190 down in one of the tills that is kept in the drawer, DP's name is the last name to be signed of on any piece of paper so they ask him about it and he says it was there when he did the cash up. Not a sit down lets have a chat, just a *** you can't count very well can you, it wasn't $x there is $190 missing. So very casual.

My problem is this, he has had $50 taken out of his wages the reason on his pay slip simply states re - payment. No explanation. They take money out of wages for staff tabs that are unpaid at the end of the week which the staff knows is going to happen so not a problem (also written into the contract) as is if they have a walk out on a table, the person responsible for serving the customers pays, or damage to property like when he has gotten angry and thrown a glass at a till screen etc. Fair enough! However they have no way of proving that he is the only person to have contact with this till. 1st reason The tills are kept in an unlocked drawer in the office. 2nd reason The office is in the kitchen and while the managers have a key including the head and sous chefs, there is also a key in the bar area that the other staff have access to if they need to get stock etc out of the office and they can't find a manager. 3rd reason There is no security camera's in the building, so no proof that he was the last person in the drawer to touch the till.

4th reson why my DP just would not take it is, he is an honest person, and his income is the only income that we have coming in atm and they know this. Also they know that I was made redundant from full time work and most likely will not have a job to go back to when I do go back to work, and honestly why would he bite the hand that feeds him. We can't afford for him to not work. DD is only 6weeks so I am not really ready to go back to work! And he earns more then I could earn so we haven't even thought of him not working and me going back to work.

I know they can't do this, have just spent 40mins on the phone to dad (who is a trained accountant, but as part of his degree had to do something to do with small business law). I have convinced DP that we are BOTH going into speak to his GM as otherwise it could become a he said she said sort of situation, and also I am quite rational and otherwise it could just become the casual conversation again, he needs a proper meeting.

Its FKD and he now is so angry he wants to drink and get fkt up so that he can forget about it. Understandable.

My opinion is, because he is our only income, if he was going to steal he would do it big and leave not just $190 measly dollars pft no thanks we are not that hard up!

That's not good

What they're doing is illegal. They can't just dock your pay because they suspect you of theft.
That's theft on their part!!
There needs to be a proper disciplinary action taken, not just a casual meeting.

Also,

oOElleOo as is if they have a walk out on a table, the person responsible for serving the customers pays [/quote wrote: Since when?!?? Sounds like they need to brush up on their employment law!

Since when?!??

Sounds like they need to brush up on their employment law!

I hope you can get it sorted out

I would take a 3rd party with you to the meeting - definately don't go with just the 2 of your just incase it all turns to custard some where down the track or gets out of hand.

Um this doesn't sound too good maybe ring somewhere like Citizen Advice and see what they say. Maybe save the texts that are being sent/received as well.

Um from my understanding being that he is such an egg, he has been given a contract but never signed it so no he hasn't given them written permission.

Stupid me meant to say in my last post that it is written into our contracts at my restaurant that we cover any walk outs etc.

Will ring citizens advice tomorrow if I can find the time!

OK trying to recall my studies here but:

In the absence of a contract (and I would imagine that's an unsigned one too) he would be covered by the Employment Relations Act. It's the responsibility of his employers as well as him to check it's signed.

So yeah I think the fact that the contract is unsigned means there is no contract so reverts to the basic ERA.

I would be contacting the DOL (dept of Labour) not the CAB because one of the other lovely things about the ERA is that it works as a bare minimum guideline for contracts but if an employer puts something in their own contract that is against the law then their contract won't hold anyway as the ERA overrules it.

Taking unauthorised deductions is illegal - they have to be specifically authorised by the employee or the IRD/Courts.

Also covering walkouts out of your own pocket - even if it's written in the contract - I suspect is against the ERA too.

Unfortunately for some weird reason Hospo operators are the WORST at committing these offences. All my battles pretty much have been with Hospo.

So yeah - call dept of labour and get some advice.

ETA: Here's the Dept of labour website

http://www.dol.govt.nz/

Also another option is to find a Union and join. A lot of them will go in to bat for you straight away.

Edited by Bobbie

NOW he's being threatned with the police if he takes any further action!

He's so angry understandably

Oh so they are trying to shut him up....nice one! they will be doing that because they know you are on one income as well.

I'm angry for you.

I can't see how it could get pinned on him, it's their fault that the money has been basically left in an open area for anyone to get to. They should have had it in a safe!

Yes they are trying to shut him up. This really sucks as they have been really good to him in general. When we were expecting DD his bar manager would come into work to cover him for a few hours when needed when we had her they instantly started his leave from the day before, he was off anyway as he didn't want to leave me when emotionally distraught! It sucks big time! His GM is normally so fair and accommodating. He gets very attached to people when they have kids and knows what the situation is.

Apparently they are bullying one of the other staff as well who is here on a working visa which just got renewed last month. This staff member has just gone on a month long holiday and they are saying he doesn't have a job when he gets back. No redundancy or anythingjust you don't have a job. The said employee is a little naieve and believes they are just joking!

The hardest thing is I can only do so much for him. I have his CV and am sending it off but its up to him to ultimately get the job

Yeah I am busy applying for jobs for him now lol. I just have the time to do it thats why I'm doing it and he doesn't want to sound like a fob I always help him when it comes to wording things.

Transitioning from hospo to retail should be fairly easy for him he is wanting to calm down now and become more of a 9-5er with DD here he's been talking for years about joining the police or army but thinks he needs a "permission" slip from me.