Actions blamed on confusion because of low blood glucose levels
A dairy clerk who was hired in 1972 was terminated after video surveillance showed he consumed as much as $45 worth of tea and snacks without paying for them.
Bob Makar worked at the Safeway Aspen Glen Landing store in Calgary as an overnight dairy clerk for the Sobey’s-owned store. On Feb. 23, 2017, bakery manager Melinda Alexander noticed Makar went to the in-store Starbucks kiosk and made tea but neglected to pay for it.
The company had a strict policy against grazing and had signs posted throughout the employee areas advising workers termination would be the result of any theft.
Alexander witnessed Makar stealing tea again on Feb. 27 and on two subsequent occasions. Alexander informed Fred Massee, Safeway’s loss prevention manager, that Makar had consumed items without paying for them.
Massee reviewed security footage and he detailed 12 occasions when Makar removed tea, snacks and empty cups from Starbucks, which was against the company’s zero-tolerance policy.
Massee had an interview with Makar on March 4 and provided him with the evidence as well as a written statement from Alexander. In Massee’s report, he said Makar only responded, “I feel bad,” and that he didn’t express any remorse about the thefts.
During testimony, Makar said, “I don’t know. I should have paid for it. I knew it was wrong. I was confused.” He blamed his type-2 diabetes and he reported that he was feeling weak and confused and needed to eat a marshmallow-based snack to boost his glucose levels.
As well, he said he had been fighting a cold for three months and due to his compromised immune system, he was weak and feeling cold, so the tea helped him.
Makar also replied he may have stolen bulk nuts from the store using an empty Starbuck’s cup. He was also questioned about a bag that he claimed was shredded cheese that he was returning to its place.
When Makar was asked if that bag could have been potato chips, he replied: “Could be,” but he acknowledged that eating chips would not alleviate his glucose problem.
Makar was terminated on March 23 for “violation of company policies including the honesty and integrity policy and the employee-purchase policy.”
The United Food and Commercial Workers (UFCW), Local 401, grieved his termination and argued because Makar acknowledged the theft, combined with his long service of 45 years with no discipline, his punishment should have been a suspension and not outright dismissal.
Arbitrator Dev Chankasingh dismissed the grievance and said the termination was justified.
“This is a very sad case. An employee with 45 years of service for the same employer, close to retirement age, should have continued his employment to retirement and ended his career on a happy note and with the employer’s gratitude for long service from a dedicated employee. Instead, by his actions, (Makar’s) employment has ended prematurely and with a significant blemish on his otherwise-clean employment record,” said Chankasingh.
It was not just a one-time occurrence, said the arbitrator: The evidence showed that Makar committed multiple acts of deceit. “While I am sympathetic to (Makar’s) circumstances, his repeated acts of theft of tea and the marshmallow snacks, combined with his untruthfulness about the bag of chips and his noncommittal testimony, lead me to conclude that the employment relationship between (Makar) and the employer is irreparably broken and cannot be rehabilitated,” said Chankasingh.
And Makar had at least two chances to confess, but he didn’t, according to Chankasingh. “(Makar) had an opportunity during the interview with Massee to come clean about his theft of the bag of chips. He did not do so. (Makar) also had an opportunity in his examination-in-chief to admit to stealing the bag of chips. He did not do that.”
Reference: Sobey’s West (Safeway Operations) and United Food and Commercial Workers, Local 401. Dev Chankasingh — arbitrator. Damon Bailey for the employer. Katrina Piechotta for the employee. Sept. 5, 2017.
