Calgary grocery store cashier fired after giving customer free case of pop

Violated internal-theft policy: Employer

After she was confused during a price-check, a cashier mistakenly gave a customer a free case of pop, leading to her termination.
“KW” had nine years of service with the employer, the Calgary Co-Operative Association, at the West Springs store in Calgary when on Jan. 13, 2017, she served a customer who wished to purchase two 24-can cases of Co-op-branded pop.
When KW scanned the flavoured beverage (known as Citrus Wave), it came up as $3.99 per case. The customer said all the other cases were on sale at $2.99 and she asked to receive that price.
KW asked one of the store clerks to do a price check to find out the correct charge for the pop. When the clerk returned, he told KW that $3.99 was the correct price because Citrus Wave was the only flavour that was not part of the $2.99 sale.
KW then asked Lori Johnson, front-end supervisor, to help. Johnson and KW reversed the charge on the pop and advised the customer of the correct price. After Johnson left the till, KW believed that under the store’s fairness policy, when a scanning problem was found, the customer should have received one item at the sale price and a second item for no charge.
KW said she believed Johnson told her to “give it to her at the sale price” before she left the till. 
A few minutes later, Johnson returned and discovered the error. When she told KW about it, KW told Johnson that the customer was another employee’s grandmother, which made Johnson question her motivation. 
After an investigation meeting on Jan. 13, KW was suspended without pay on Jan. 24, and she was terminated on Feb. 16. 
“We have concluded our investigation and have determined that you intentionally gave away product against the direction from your supervisor and are in violation of the internal-theft policy. During the interview you showed no remorse for your actions,” said the termination letter.
The union, Union of Calgary Co-op Employees (UCCE), grieved the dismissal. It argued the Co-op’s scanning policy and the instructions given by Johnson during the incident were unclear and easily led to KW making a mistake.
As well, during the Jan. 13 meeting, KW wasn’t told it was a security investigation, which breached the collective agreement. KW was blind-sided during the meeting because she only believed it was a coaching session, not disciplinary, said the UCCE.
Arbitrator Allen Ponak upheld the grievance, but said a four-month suspension should be substituted. 
“While I have accepted that (KW) gave customer A free product because she truly believed the fairness policy entitled the customer to free product, (KW) committed several other offences in the process that justify severe discipline.”
(KW had been warned numerous times over the years about her overzealous customer-service practices, such as accepting expired coupons, and encouraging customers to purchase more items to take advantage of money-saving deals.) 
“(KW) had a history of dispensing her own brand of customer service in violation of rules. She had been chastised but never disciplined. The employer would be on firmer grounds for termination if progressive discipline had been imposed with no consequential change of behaviour. It was not reasonable for the employer to begin the disciplinary process with termination,” said Ponak.
KW’s lack of remorse was cited by the arbitrator as a factor is the suspension. 
“At the arbitration hearing, she heard ample evidence to demonstrate that she applied the fairness policy without authorization, that she applied the policy in circumstances when it did not apply, and that she did not seek clarification when it was incumbent on her to do so. Yet, (KW) refused in the face of this evidence to admit wrongdoing.”
And by mentioning a “phantom price-check” during the hearing, said Ponak, it speaks to KW’s credibility. 
“It is hard to say whether (KW) was simply confused given the passage of time or deliberately concocted a phantom price check to support her version of events. Either way, I am troubled by (KW’s) inability to recognize the fallacy of her testimony.”
Reference: Calgary Co-Operative Association and Union of Calgary Co-op Employees. Allen Ponak — arbitrator. Thomas Ross for the employer. Kristan McLeod for the employee. Aug. 12, 2018. 2018 CarswellAlta 1634

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