They do not allow breaks for their employees that are mandatory according to the Employment Standards Act “ An employee is entitled to a half-hour meal break so that the employee does not work more than five hours in a row without a break. This meal break is unpaid unless the employee is required to work or be available for work during the break.”
They have terminated employees under false pretences citing reliable sources but admittedly have no proof of such allegations, the Employment Standards Act states that “upon terminating an employee, the onus is on the employer to prove that just cause for termination exists.” The only thing these employees are guilty of is that they have opinions of their own and argue that the management must follow the Employment Standards Act.
One plus for this establishment is that they did follow the procedure as laid out in the Employment Standards Act for termination without notice and paid the appropriate amount of severance. Although this proves the argument that they had no just cause to fire these employees because, “An employer does not have to give written notice or compensation for length of service to an employee who is dismissed for just cause.”
They have employed employees off the books, often paying well under the minimum wage (as low as five dollars an hour) as outlined by the Employment Standard Act, “B.C.'s minimum wage is $8 an hour for all employees regardless of age.” Just so those reading this are aware of the dangers to employees when paying them off the books, they are not covered by workers compensations and often these employees were in position that put them at risk for personal injury such as bouncers, day labourers or security thus keeping their premiums down. These employees have no rights according to the Employment Standards Act since they have no proof of being employed there.
The managers have at one point continued to employ a man for several weeks after he was caught by a server in the women’s bathroom with an extremely intoxicated woman who was partially naked whom he did not know while he was on shift; despite this being brought to the attention of the managers right away by the server who caught him in there and several employees expressed their concern. Even though this hopefully falls under “what may constitute just cause: fraud and dishonesty, breach of duty, serious wilful misconduct, serious breach of company rules or practices, Serious undermining of the corporate culture and unsatisfactory performance.”
I have either experienced or witnessed these things as a former employee who left on his own accord or have close friends and family who have experienced most of these things. Regardless of any protest these things cannot truthfully be denied and any attempt to deny them simply helps establish what kind of people own and run this pub furthering this cause.
I am not endorsing a full boycott because I have several friends who work there and I don’t want to see them lose any income from tips or reduced hours. I just simply want people to know what kind of people own and run this business and hopefully provide enough pressure to encourage them to reform their practices according to the Employment Standards Act.
All research was gathered from this website http://www.labour.gov.bc.ca/esb/esa
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