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Termination Goes Horribly Wrong – Jury Awards $2.1 Million

I don't intend that this be filled with daily news items but feel free to put things in here that you think will interest us, or generate discussion.
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Termination Goes Horribly Wrong – Jury Awards $2.1 Million

Postby paulg » Sun Jun 08, 2008 11:53 pm

Termination Goes Horribly Wrong – Jury Awards $2.1 Million

[quote]Norman Grosman

Monday, June 02, 2008

The Ontario Court of Appeal recently upheld an award of nearly $2.1 million to a former employee of Brewers Retail Inc., who was falsely accused of stealing $160 from the cash drawer.

In the summer of 1993, the Lundy’s Lane Store, in Niagara Falls, recorded ongoing shortages of cash and inventory. As a result, for a period of time, Brewers Retail had covert surveillance cameras installed in the store above the cash registers and the manager’s desk to monitor the conduct of employees. On two occasions, in November, 1993, the surveillance cameras revealed Douglas McNeil removing money from the till, at the store.

Brewers Retail Inc. subsequently turned over portions of the surveillance videotape to the police, who in turn charged McNeil with being part of a “fraudulentâ€

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Postby green1 » Mon Jun 09, 2008 10:43 am

so... just out of curiosity... what was this "perfectly legitimate explanation" for removing the money?

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Postby NC » Mon Jun 09, 2008 10:56 am

As usual in these things, the deeper you look, the less egregious the whole thing looks. regardless, the Brewers Retail stuck it this guy really hard, and they deserve what they got - a *huge* fine.

Some of the things I found HERE
On December 4, 1993, six employees were arrested and charged. The arrests included McNeil. Four of the employees pleaded guilty. The criminal proceedings were terminated in McNeil`s favour. On appeal from the dispositions respecting the civil actions, the appellant was called upon to address the following issues: whether McNeil`s action was within the exclusive jurisdiction of the collective bargaining regime; whether the trial judge erred by refusing to allow the appellant to present evidence related to the earlier arbitration proceedings involving the parties; whether the respondents satisfied the onus to prove that the proceedings were initiated by the appellants; and whether the jury`s award of damages was supported by the evidence.
In Answer to Green 1, and those lacking the time to read the above link:
Upon further review, management expressed the view that there was insufficient evidence of theft of US currency. Despite the knowledge that Douglas McNeil sold the $140US that he removed from a till and paid the equivalent back into the till, the appellant proceeded to hand the tapes over to the police.
Here is the CANLII link to the APPEAL case. So it is the actual "full text" of the stories being reported above.

As sort of an aside, here's a similar thing from 2004 with another employee of the same store (I think) who was fired for taking a "promotional" shirt out of a box of returned beer. It's interesting to read, as this place just seems pretty poorly managed.

Find - Desiderata - read it

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