Worker claimed they were striploin, but experts confirm meat was lesser quality
A long-time cashier at a Save-On Foods on Vancouver Island was dismissed after she obtained a refund on bad steaks that she said were striploin but it was later confirmed were actually cheaper sirloin steaks.
Angela (a pseudonym for the cashier) had worked at the company for 13 years when on June 7, 2016, she returned 1.8 kilograms of steaks that she claimed were “sour.”
She went to Cass Clark in the meat department, and asked him to weigh and tag the steaks so she could claim a refund.
She told Clark that the steaks were striploin so he weighed them and provided a $68.48 label so Angela could return them at the front of the store.
In testimony, Clark said he felt the steaks were more like sirloin but he trusted Angela’s word as she was a senior staff member and he provided the label after she told him the refund had already been approved.
Daniel Marshall, Save-On’s assistant operations manager at the time of the refund, approved it but he immediately felt there was something untoward about it and alerted two other managers via text message.
Management then began an investigation.
A meeting was held with Angela on June 10, and she was asked to further explain the incident. All employees who were asked about the meat in question agreed it was not striploin, but most likely sirloin. A meat expert employed with the company confirmed the meat was sirloin and tri-tips and not striploin.
On June 13, Angela was given a correction action letter by Colin Dixon, manager of the store but she refused to sign it and she didn’t acknowledge any wrongdoing.
She was told to clean out her locker and she was terminated for breach of trust.
“The steaks she returned were not striploins and she did not receive authorization from anybody in the store. When questioned, Angela lied about the type of steaks and that she had authorization to return the steaks,” according to the letter.
The union, United Food & Commercial Workers, Local 1518, grieved the decision on June 14, and argued the employer did not prove culpable conduct to warrant termination.
Arbitrator Andrew Sims dismissed the grievance. “There has been a serious breach of trust, and nothing has occurred by way of acceptance, apology or explanation that gives any hope for the reinstatement of that trust. There is no significant basis to invoke an arbitrator’s equitable power to substitute some lesser penalty.”
Angela probably was aware of the true value of the steaks, according to Sims.
“I find on the balance of probabilities that Angela knew throughout that the meat being returned was not the higher-priced striploin but a lower-priced cut. Her getting it priced at the striploin price without any recognition that it was bought on sale, I can only find to have been deliberate. Her ongoing insistence on untenable explanations over the cuts involved and the time and method of purchase, detract considerably from her overall credibility,” said Sims.
“I find it was the next day that she brought in the meat after hours and then simply told Clark to price the meats specifying only the cut but not the fact of a sale-price purchase. She took the meat to the counter and sought an override, either being challenged but not blocked, or not challenged until Monday,” said Sims.
Reference: Overwaitea Food Group and United Food & Commercial Workers, Local 1518. Andrew Sims — arbitrator. Michael Korbin for the employer. Chris Buchanan for the employee. July 19, 2017.
