Australian Birdies bartender gets wages deducted for using mobile phone while on shift: Reddit
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A pub owner has released damning CCTV footage of a bartender who publicly complained about his pay being deducted for repeatedly using his phone at work.
The University of Melbourne student complained that $298.65 was deducted from his salary after working on January 2 at Birdies Mini Golf and Sports in Forest Hill, Victoria.
His total pay for the holiday shifts should have been $537.57, but after deductions he received only $238.92 for nine hours of work.
That was because he had spent “more than 5 hours on (his) mobile phone during (his) shift,” according to a pay slip shared on Reddit by the anonymous bartender.
“I used my phone when there are no customers,” said the bartender. ‘Is this legal?’
Despite the old hospitality adage: “If you have time to bow, you have time to clean,” the bartender received overwhelming support from outraged Reddit users.
Using your phone or eating and drinking while working is frowned upon in the hospitality industry.
But that was before the frustrated pub owner responded by posting security camera footage showing the bartender constantly on his device.
Melbourne pub owner Stephanie Doyle said Birdie’s mini golf and sports bar were inundated with abuse after she complained her payment had been mugged on reddit.
The clerk (pictured) claimed he only used his phone when no customers were around
The employee shared his payslip which showed he had been deducted $298.65 ‘for more than 5 hours on his mobile phone during the shift’
Stephanie Doyle, owner of Birdies, told Daily Mail Australia that what the employee shared with Reddit was not the full story.
She claimed the student, a casual employee, had been paid another two full days, even though he also used his phone on those shifts.
When he was on the phone for his third consecutive shift, she decided to deduct his pay, but claims to have warned him first.
“We’re not talking about checking messages once in a while or sending a quick text,” Ms Doyle said.
We’re talking over five hours of being on your phone and ignoring clear instructions to stop that behavior and perform specific tasks.
“He was clearly involved in personal activities for many hours and was not working.”
Ms Doyle shared images of the bartender on her phone and claims that she asked him to put his phone down 12 times in one day, and he ignored her.
The Bartender’s total pay for January 2 was supposed to be $537.57, but after deduction, he was only paid $238.92 for nine hours of work, because he spent 5 hours playing on his phone.
‘If this were your business, would you find such conduct acceptable?’
Ms Doyle claimed that the day the employee’s salary was deducted, she called him 12 times “explaining that she needed to get off her phone and get to work”.
“He said ‘ok’ and then ignored me every time,” he alleged.
“In at least five of those calls, I reminded him that continued excessive use of the private phone was not acceptable and that he would not be paid for his entire shift if this continues.”
She also alleged that he did not complete the work assigned to him, even going so far as to claim that his inattention cost him hundreds of dollars.
The employee worked a nine-hour shift at Birdies Mini Golf and Sports, but spent five hours looking at his phone, the bar owner said.
Ms Doyle said that after the employee shared her complaint on reddit, her account and the pub were targeted for “vile” abuse.
Ms Doyle said that after the employee shared her complaint on Reddit, her account and the pub were targeted for “vile” abuse.
“I’ve been getting a barrage of hate mail saying vile things,” he said.
Both my places and the staff working today have also received hate calls, which is unnecessary and distressing for them.
‘I have been trolled on all forms of social media. All because of one employee who chose to share a piece of the story instead of the full story.”
The man claimed to have quit the job at the suggestion of other Reddit users, who also urged him to demand that the back pay be repaid.
‘That son of a bitch stole $300 from you. If he takes it straight from your wallet, he would go to jail,” said one irate Reddit follower. ‘You have to fight for this if you can.’
The employee responded, ‘I will definitely fight for this, $300 is a lot for me.’
In a bizarre update Monday morning, the employee told Reddit followers that he had received a chilling phone call after asking to be reimbursed for his back pay.
‘I got no response from Birdies after trying to contact. I received a call without caller ID with a voice I recognise…
“He threatened me with putting up posters at the University of Melbourne (my university) saying that I am a pedophile. That’s the kind of people I deal with.
Ms Doyle dismissed the suggestion that she or someone on her behalf do this.
‘This is completely denied. I am the owner of Birdies and no one has been making calls or anything.
‘No one would do this on my behalf. And under no circumstances would I ask someone to do it.
However, she did say that the bartender had threatened her with “reputational damage” if Birdies did not repay the reduced payment.
‘Fair Work is a fantastic resource,’ he said. “If the employee wants to, he can contact them and Fair Work will investigate.”
Ms Doyle said other staff members are also using their phones while working, but after warnings they usually stop.
“I’ve had to warn employees for watching movies on their phones and for excessive phone use before, but they modify their behavior according to expectations,” he said.
According to Fair Work Australia, “there are limited situations where an employer can make a deduction from an employee’s wages or require an employee to pay money.”
They cannot deduct if it is ‘unreasonable under the circumstances’ or if the worker is under 18 or does not have a current agreement.
According to the Fair Labor Commission, deductions from wages can only occur if authorized by an employee or if authorized by a governing agreement.
Birdies has an employee policy that deductions from wages are possible for unreasonable phone use. It is read and signed by staff on their first shift.
Birdies has an employee policy that deductions from wages are possible for unreasonable phone use. It is read and signed by staff on their first shift.
But in the Reddit post, the employee claimed, “There is no clause or agreement that I have made with them regarding this.”
Ms Doyle said she sought legal advice before reducing her salary.
“My understanding is that if an employee has received warnings (no deductions or penalties) and also knows the policy, then it’s fair to deduct,” he said.
“And not only did I gather that I talked to him multiple times throughout the day and kept warning him and he just ignored me because he wasn’t there, despite knowing there were cameras everywhere.”
‘That’s why I was so transparent in the receipt of payment. I’m not hiding anything.
Daily Mail Australia reached out to the United Workers Union and the employee for comment.