Restaurant - Query re Employeer deducting salary of walk outs ?

Z

Zorton Maverick

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Hi
My daughter started a new job as a waitress locally in well known venue.
She recently got her contract of employment to sign and pointed out to me that there is a stipulation in it advising that any amount lost because of walk outs are deducted from her salary.
Thankfully, nothing like that has happened to her but my question is whether this is legal or not ?
She is 19, minimum wage job and her section has 8-10 tables.
Sometimes with dinner, drinks etc - a bill can get up to €300.
If they were to walk out without paying - her weekly salary would be gone.

The fact that its in the contract makes me think it must be a legal and binding condition and thus is allowed ? If it is, would seem hugely unfair.
Just wanted to see if anyone knows whether this is the case - thats it legal ?

Thank you
 
As per Leps suggestion above I wouldn’t be wasting my time with the WRC…find a new position if possible
 
That seems totally unfair and a disgracefull way to treat staff.

I dont see how an employee can be held 100% responsible for the dishonesty of a customer. When serving tables they cannot also sit as security guard /gate keeper. The establishment needs to treat walkouts as business expense and not seek to indemnity itself by passing the loss onto low paid staff.

If your daughtwr has not signed I would be advising her not to sign it unless the clause is removed.
 
I can't imagine it's legal. Probably a copy & paste contract. I'd be tempted to put a line through the walkouts clause and initial it, then sign the contract and had it back saying nothing. Either way she'd probably be unlucky to get stung. Get 6 months experience and look for a better employer.
 
I'll copy and paste the particular lines here when I have them. My daughter didnt get in till late yesterday so got more info off her.
Apparently its just been introduced in the last week.
She doesnt have a copy of her contract but has asked for it. The managers had them sign the new contracts in work and kept them. Also, just found out last night that all pre-existing people are being made sign these contrats as well.
Its all very iffy tbh.
I told her to leave but she is happy there but once I get to see he renew contract - will write word-for-word whats on it and post it here.
 
I read the WRC link and it makes interesting reading. However it implies your employer can deduct money due to act or omission of employee like a breakage, till loss, poor workmanship.

If I was a waiter and being held responsible for the financial loss due to a walk out I would insist on several safeguards. That if I am not in line of sight of the table I am not responsible, that there is someone else there to hand over responsibility to if leave the room, (to go to the kitchen or the bar for example). That I can gather ID information on the diners, or ask them to pre-pay, that CCTV be used to ID people, that I have a handheld device to gather payments, that there is a coat check room so peoples have to stop on their way out to collect coats, that there be a greeter or a doorman. That the number of tables I serve be of a reasonable number that I can supervise other tables constantly.

Lots of things restaurants can do to prevent walkouts but they don’t because they cost extra, so why place all the responsibility on the wait staff? I would insist on going through a complete list of scenarios and being trained on what to do in each. That if I have not been properly trained to prevent walkouts then I cannot be held responsible for them. And the training probably will say escalate to the floor manager immediately so what happens if the floor manager is not present?

Years ago hubby & I walked out of a restaurant without having paid fully (it was an issue with us misreading the local currency). Several waiters ran after us into the street and we were happy but deeply embarrassed to fully pay up. Maybe the wait staff would have had their salaries deducted because of our stupid mistake?

We all know how difficult it is to catch the eye of wait staff, or the long wait for the bill or the longer wait for them to come with a missing knife or something because they are simply run off their feet, so to expect them to have eyes on the back of their heads is unreasonable..
 
Zorton Maverick said:
Apparently its just been introduced in the last week.
Click to expand...
Existing contracts can’t be amended without mutual agreement. Employees can’t be made subject to new terms without their consent.
Zorton Maverick said:
She doesnt have a copy of her contract but has asked for it. The managers had them sign the new contracts in work and kept them.
Click to expand...
Employees are entitled to a copy of the contract. How else are they supposed to be aware of their terms of employment?
 
I think this might be more of a deterrent than anything else.

It keeps employees extra vigilant for walkouts and the employer may not intend to exercise it unless circumstances are extreme.
 
Dr Strangelove said:
I think this might be more of a deterrent than anything else.

It keeps employees extra vigilant for walkouts and the employer may not intend to exercise it unless circumstances are extreme.
Click to expand...
That was my thinking also. That’s why I’d be interested in the wording. It may have a couple of “ifs” and “mays” intended to focus the mind.

But then if you aren’t even given a copy of your contract…….
 
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