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Partner being accused of theft!

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Topic: Partner being accused of theft!
Posted By: HoneybunsMa
Subject: Partner being accused of theft!
Date Posted: 26 August 2009 at 6:31pm

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!



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Replies:
Posted By: jazzy
Date Posted: 26 August 2009 at 7:35pm
Surly if you are suspected of steeling then you get fired on the spot....., so maybe they don't think he did,..........and maybe he is an easy target to getting there money back.

Don't know if you are in the position of meeting with the & saying you want a full investigation done, with police & lawyers etc, to prove his innocence and recoup back what you have lost.

Don't know if a buff will work......but if he pays back something he did not take, then he is putting his hands up to a guilty plea which will go against him for ever.

Somethings things are so unfair, but you should always fight for what is right...even if it may not have the best outcome.

FX for you,



Posted By: BugTeeny
Date Posted: 26 August 2009 at 8:02pm
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,
Originally posted by oOElleOo as is if they have a walk out on a table, the person responsible for serving the customers pays [/quote 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


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Posted By: Muz
Date Posted: 26 August 2009 at 8:08pm
I think there needs to be an investigation, innocent until proven otherwise and all!! And why $50? that seems like a random amount.


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Posted By: hannibal
Date Posted: 26 August 2009 at 8:22pm
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.


Posted By: HoneybunsMa
Date Posted: 26 August 2009 at 8:37pm

He has txt his GM and the response was for the shortfall in your cash up.

Not sure what DP sent back but he then txt back saying unfortunately tills and safe floats are consistantly down when you cash up. We will not be carrying the shortfall anymore.

There is a shortfall as there quite often is in a bar as busy as they get on a Saturday night. I work in a restaurant/bar 100mtrs away and know that if there is a shortfall in the restaurant cash up then the cashier is responsible and it gets docked (written into the cashup) but if there is one in the bar they have a meeting with the person who cashed up etc and see if they can help with the cash up before any action is taken.

I don't think its fair when there are at least 4other people who work with the tills and between 12pm-3am they can pull in anywhere between 7grand to 20grand which is quite abit of cash going over the bar. I also don't think its fair that they do this when he is the only sober staff member hence the reason he is doing the cash up and he is not the only other person who deals with the cash, including the cash drops throughout the night when change needs to be done and the tills need to be emptied!

I have told him if there is another manager on duty he is not to do the cash ups anymore he was doing them to get home earlier to me. But the way I see it do the clean up with the bar and come home the half hour-hour later I would rather that! Besides on a Sat I normally have DD in our bed with me so I don't have to get up lol. What's the difference between coming home at 5am to 6am is what I say



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Posted By: hannibal
Date Posted: 26 August 2009 at 8:54pm
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.


Posted By: jaz
Date Posted: 26 August 2009 at 9:10pm
Has he given them written authorisation to make these deductions from his pay? I would check his Employment Agreement to see if they can do this.

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Posted By: HoneybunsMa
Date Posted: 26 August 2009 at 10:38pm

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!



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Posted By: LittleBug
Date Posted: 27 August 2009 at 12:32pm
So from what I understand, there are several people working the till but he is the only sober staff member left so he does the cash up?? That is bizarre and unfair, if he is the only sober one then no wonder it's not adding up.

I would call the CAB and get some advice, this doesn't sound right at all.

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Chloe (4 years) and Oliver (3 years).


Posted By: Bobbie
Date Posted: 27 August 2009 at 12:48pm
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/ - 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.

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Posted By: HoneybunsMa
Date Posted: 27 August 2009 at 4:05pm

Thanks have contacted CAB and they couldn't find any particular information but are as of the same opinion as we are that its illegal.

DOL have said that he can claim a personal grievance against them for unfair conduct. And that they can't legally take money unless its signed consent etc. So just as we thought really.

He is so worried about losing his job, as well it could be hard to find something that pays the bills and quickly. He's also worried as his employers are well known in the industry that it could make its way round and therefore make it hard to get a job.

He wants to work days now anyways cos of DD and I think he should look at working as a manager in retail. Unfortunately his whole career has basically been hospitality so he doesn't know what else he can do.



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Posted By: HoneybunsMa
Date Posted: 27 August 2009 at 4:09pm

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

He's so angry understandably



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Posted By: LittleBug
Date Posted: 27 August 2009 at 4:39pm
what a tough situation. That is totally unfair of his work, I hope you can manage to get this mess sorted out *hugs*

P.S. I feel I have held the secret for long enough, I was your secret santa not last year but the year before hope you liked your pressie, lol

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Chloe (4 years) and Oliver (3 years).


Posted By: AandCsmum
Date Posted: 27 August 2009 at 4:43pm
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!

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Kel
http://lilypie.com">

A = 01.02.04   &   C = 16.01.09   &   G = 30.03.12


Posted By: HoneybunsMa
Date Posted: 27 August 2009 at 4:51pm

OMG LIZ! that took me ages to work out. I was trying to rack my brain lol.

That was three yrs ago now wasn't it?

 



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Posted By: HoneybunsMa
Date Posted: 27 August 2009 at 4:55pm

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



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Posted By: lizzle
Date Posted: 27 August 2009 at 5:31pm
a note to say it sounds like you are doing everything right, but also sounds a lot like my hubby sit.

he was also accused of theft - the theft in question was when hubby gave away a free pool game when the customers had a jug of beer tipped on them by another member of staff. basically the boss was quickly running out of money, and needed a scape goat to "fire". My hubby wouldn't fight it, but ended up after years of hospo, going into retail. it was quite easy as it is the same ideas of customer service.    hope your DH finds something, cause that treatment sucks


Posted By: HoneybunsMa
Date Posted: 27 August 2009 at 5:42pm

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.



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Posted By: AandCsmum
Date Posted: 27 August 2009 at 6:53pm
Maybe this will be the jolt he needs to set on a new life path?

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Kel
http://lilypie.com">

A = 01.02.04   &   C = 16.01.09   &   G = 30.03.12


Posted By: cuppatea
Date Posted: 27 August 2009 at 9:03pm
If I was him I would tell them to contact the police cos I'm pretty sure they would back down before doing so cos they are so blatantly in the wrong and they must know there are as why else would they be pulling out the scare tactics.

Anyway I hope he finds another job quickly, no one needs the stress of an arsehole employer

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Posted By: Bobbie
Date Posted: 27 August 2009 at 10:28pm
Yeah I agree - it's an empty threat made from desperation. Hey, if they keep this up he may even have grounds for unjustifiable dismissal

Let them go to the police if they want. Doubt they could make it stick plus if anything the police would probably just refer it to DOL and then they'd have to repay the $$ they took from him unauthorised.

But yeah shouldn't have any trouble at all transitioning into retail. I went from hotels into airline call centre - so basically anything that is customer facing is easy to transition to.

Best option would be for him to get another job and then take a grievince case against them - but you would need to check with DOL about what evidence you need to gather for that and whether moving first would hurt his case (though I doubt it since as I said before it's pretty close to being constructive dismissal)

Good luck with whatever he decides - sounds really stressful.



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Posted By: HoneybunsMa
Date Posted: 28 August 2009 at 10:59am

Thanks everyone, he is basically breaking down with me.

He had DD this morning so I could get a bit of rest and he came in when he knew I would be awake and just wanted a hug he keeps apologising to me and he is scared. I've got his CV so will be sending it off again today.  He just wants out, he doesn't care he wants to hand in his notice today. I'm sending it off to Bravo and have suggested he waits to hear from them as they will know the state of the hospitality industry. I will be sending it off to other recruitment agencies as well however. He is putting so much pressure on himself because he now feels like he needs to provide for his family.

One of the boys who has worked for the employer longer then he has is angry as all hell but DP doesn't expect him to do anything as he has a family to provide for himself. The suck thing is that the employers are so well known and had a really successful restaurant in Auck and been in the industry for a long time. It got heated at work last night which is why I wanted to go and be there when they talked because well one is Maori and one is Samoan and personality wise neither will back down! At least if I had been there then I could have shut DP up before he said anything damaging etc.

One of our really good friends worked with him for awhile and went on Maternity leave and GM told her she couldn't come back early as he had employed someone to fill the position while she was away on a fixed term agreement. Stupid thing is a week after handing in her notice the girl that replaced her left. So they are just simply trying to push people out! The people they push out are the ones that they have let get away with so much and know that they can pretty much do anything. I'm just getting so angry and frustrated for him. He keeps saying that he doesn't want to file a personal grievance because he doesn't want to affect the boys that will still be working there. I keep reminding him its got nothing to do with them though. I know the people he is worried about and they will all find work easily if it comes down to it. They can't get away with bullying their staff like this consistently



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