A Subway restaurant manager in Melbourne has emerged victorious in an unfair dismissal case after being sacked for a seemingly trivial reason: allowing staff to eat sandwiches that were due to be discarded at the end of the day.
The 'Leftover Loophole' That Cost a Manager His Job
The case, heard by the Fair Work Commission, centred on the dismissal of a store manager who permitted his team to consume food that was past its designated shelf life and destined for the bin. The franchise owner, RBG Enterprises Pty Ltd, terminated the manager's employment, claiming the act constituted theft.
However, Deputy President Val Gostencnik saw the situation differently, ruling that the dismissal was "unduly harsh" given the circumstances. The decision highlights the often-blurry line between company policy and common-sense practice in the hospitality industry.
'An Accepted Practice' Versus Strict Policy
During proceedings, it was revealed that eating leftover food was a widespread, though unofficial, practice among staff. The manager argued that he was following an established precedent and had never been formally warned against it.
"The food was not fit for sale to customers and was going to be thrown away," the manager contended. The Deputy President agreed, noting that while the act was technically against policy, the punishment did not fit the crime, especially considering the manager's otherwise clean record.
A Win for Common Sense in Workplace Regulations
This ruling serves as a significant reminder to employers about proportionality in disciplinary actions. The Commission found that a formal warning would have been a more appropriate response than summary dismissal for an act that caused no financial loss to the business.
The case has been welcomed by employment advocates as a victory for common sense, reinforcing that dismissals must be fair and reasonable, not just technically justifiable under a strict reading of company rules.
