labour question/situation

Discussion in 'Professional Chefs' started by leeniek, Jun 25, 2010.

  1. leeniek

    leeniek

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    I had a cook do the no call-no show thing today.  I'm not sure what to think.. this guy if he needs confirmation of a shift he either emails or calls.. if the schedule is done and he isn't in to see it he calls oar emails  and asks.  When he's going to be late or can't come in he calls, so for him this is really out of character.  

    That just said...

    I have noticed a decline in the quality of his work lately and the KM told me to cut his shifts because of that so I did.  He did an excellent job last weekend so I gave him one shift back on this schedule and on next week's schedule I gave him his full shifts back.  But then he stiffed us so...

    Can I fire him outright for the no call-no show?  I have looked all over the labour code and I can't decipher what I need an answer to... I don't speak 'legalese".   I think it's considered abandoning the job but I need to be fully sure before I act.

    Any advice/info you can share with me will be much appreciated!!!
     
  2. gypsy2727

    gypsy2727

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    Oh my Leeniak...I feel for you.  What the heck is it with  "no shows?"...This biz has a tendancy to breed some bottom feeders sometimes.

    I beleive it is three days of "no show" then it is considered abandonment of the job under the Ontario Employment standards act. If he shows up ..only if he was in an a emergency situation  (which I would consider life threatening lying in a hospital bed) Would I give him a second chance. Is he still under the three month probation? ...if so you don't have a problem.... Bon Nuit ! Otherwize you have to go through the ol 3 warning bit.

    Don't take me the wrong way but why do you use cutting shifts as a punishment? It seems like your keeping a bad smell around  too long without addressing the real problem.

    BTW... did you play the Lotto Max tonight ? ...I got mine
     
  3. foodpump

    foodpump

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    Well..... Put it this way, the punishment is working, and he's figuring the job ain't worth it to show up for one or two shifts a week.

    Document the no-show, and continue scheduling the dude for one shift per week but assume that he will never show up and staff accordingly for it.  After two weeks MAIL him a letter asking if he wishes to terminate his postion with you.

    Last year we had a case in B.C. where a woman walked off the job and never returned. Employer left countless phonecalls but got no answer. Meanwhile, ex-employee found a new job and worked full time for over 6 mths untill just before Jan. 1st when  the old employer mailed a letter informing her that her position was teminated.  Ex-employee squawked all the way to Labour Board screaming unfair dismissal.  She won too, got something like 6 mths salary. 

    Reason? 

    Employer didn't do due dililgence and mail the employee asking why she didn't show up for work before terminating her.

    "onus is on the employer"

    Hope things in Ontario aren't so screwed up as they are here in La-la land........
     
  4. leeniek

    leeniek

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    Thanks, gypsy and foodpump.  I did finally hear from the guy.. apparently his girlfriend is in labour and he didn't see the schedule on Sunday when it was posted so he was "unaware" that he was working.  I checked itout on facebook and yes she is definitely very pregnant looking in her recent pictures so there is truth to the story. I have to cover his shifts this weekend but I did tell him that I had to document the no show.  He should have called to find out when he was working and he didn't.  It's his responsibility to find out what his hours are and the was in the wrong by not doing so.
     
  5. grits-n-gravy

    grits-n-gravy

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    Labor laws are different everywhere...

    build the file..build the file... by that I mean document everything, write him up..every time he's late, no shows, is out of uniform etc...that way if/when you fire him, you can win the employment case if it comes to that.

    Ive never been one to play the starve em out game...I'll fire em and just hope my unemployment doesnt go up, if they are that bad.

    What happens when you bust someone down to 1 or 2 days a week, is not always whats intended.

    For instance, this guy is more likely to steal, goof off, or do a crappy(ier) job...The worst aspect of it is having a cancer in your mist.Cancer spreads.

    Employees hang out together and do what they do...this guy, if he's slick enough, can  borrow trouble for you with other employees by bad mouthing you and the restaurant.

    I'd just rather cut my losses...but if you fear legal action, just build that file.

    All that said, if he was a stud for you, maybe you should try to save him...heart to heart talk, put all your cards on the table and just tell him the truth..a little encourgment and a kick in the pants can often save that employee...
     
    Last edited: Jun 29, 2010
  6. sweetbasil

    sweetbasil

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    Temporary Staffing agencies are a dream come true for a smaller catering operation like mine. I do not have to carry workers compensation insurance, do payroll, or even interview if I don't feel like it. I can have my own staff sign up with them, or use their pool of seasoned employees as I have the need. Sometimes I'll need three seasoned servers, other times I'll need two sous chefs and ten servers. I can get them all with 24-48 hrs notice. 

    Beyond the paperwork beauty of this option, the minute I have a problem with an employee, I call my agency and let them handle it, because technically, the employee is theirs, not mine. I am the agency's client. It can even be mid event. If I had a no-show like your cook in this instance, I'd call my agency and within the hour they'd have a replacement on site ready to work for me. Talk about a relief!

    I pay a miniscule fee for this service, something like 2% of the payroll amount, to the agency for each hour an employee works. It is a dream come true for small operators like myself!
     
  7. leeniek

    leeniek

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    He is an ok cook.. a little sloppy on presentation  (either the KM or I see and fix all plates before they go out) but keeps his station clean and is a damn good closer.  He does what is asked of him and never complains.  (well except when he has to prep for 200 fruit cups and I even gripe about that one!)  He always calls if he can't come in or is going to be late and if he isn't sure of a shift time he will call or email.  It was out of character for him to do the no call no show thing and now that I know why he is going to get a warning but I'm not going to write him up for it.  Yes he had nine months to tell us this could happen and he didn't so that was his mistake. 

    I'm not a fan of the starve them out thing but I'm not the one in charge so I have to do what I'm told.  I'd rather take them aside, find out what the H*** is going on and then move forward from there.  The KM favours the starve them method and he does know that I don't like it but ultimately it is his kitchen and he is the one who has to answer to the owners at the end of the day. 
     
  8. gunnar

    gunnar

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    Inever mind... I am not doing well right now
     
    Last edited: Jun 30, 2010
  9. chefbillyb

    chefbillyb

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    Leeniek, You already know my answer...........Chef BillyB
     
  10. leeniek

    leeniek

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    That I do Bill.. I could only imagine the bollocking you would give him before you showed him the door!   He is on warning one and it is a documented verbal.  Two more and see ya later..
     
  11. gypsy2727

    gypsy2727

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    What's up Gunner?
     
  12. leeniek

    leeniek

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    I was wondering the same thing
     
  13. gunnar

    gunnar

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    no worries, just having issues with finding work and poor leeniek is going through people like a rice mill. Makes me wonder what people think a job is,.....I then find my words becoming inadequate and hostile, which becomes a mild frustration of it's own.

    I'll feel better when i get back on the line.
     
  14. gypsy2727

    gypsy2727

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    Life is high adventure,unscaled heights await us await us every day.

    I'm turning over a new leaf myself Gunner....second chapter of my life and I'm lovin every minute of it.....bumps in the road are there for a reason. Maybe so we can stop and appreciate the smaller things in life...We are all so busy we never get to see some great stuff ...stuff that may be right in our backyard...(.I'm totally into gardening right now!)

    Stay cool like that

    Gypsy
     
     
  15. leeniek

    leeniek

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    Lately we've had a bunch of people leaving at the same time and a couple new ones not work out.  We hired a new guy part time and he's doing well. 

    I hope you find work soon, Gunnar.. if you were closer I'd hire you!
     
  16. leeniek

    leeniek

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    Just an update.. 

    He did the same thing yesterday to me.  He had time off for the family and when I talked to him on Tuesday he said he would be in on Friday and he was ready to come back so I wasn't sure what was up with yesterday.  I heard from a relative today.. he has some legal problems and was "indisposed" yesterday and on Wednesday he goes up for sentencing on a prior offence so we will likely see him in two years less a day. 

    Our new part timer is fitting in really well and now that we have someone who is "unavailable" the new guy will be getting more shifts. 
     
  17. gypsy2727

    gypsy2727

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    Wow Leeniak it sounds like this guy is not ready for any type of a job.....specially one that takes dedication,communication..and hard work!

    Good to hear about the new guy ....there is always someone waitng in the wings to put there nose to the grind stone.

    Everyone is replacable

    Sounds like you know that already...and have put alot of thought into your emplyees ...good for you!

    ( BTW are you not glad this heat wave is over!)

    Gypsy
     
  18. leeniek

    leeniek

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    Thanks, Gypsy...you're so right everyone can be replaced.  This guy will be working while he does his time but who knows what job in the jail he's going to get.  

    And yes.. I'm glad the heatwave is over.  I just hope what I saw for the end of the week isn't true.  (another heatwave)