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Facebook used to track 'dine-and-dashers'

Mitchell LeBlanc   on 28 November 2008 - 07:22, updated 28 November 2008 - 20:49 · 37 comments & 9495 views

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An owner of an Australian restaurant was left in the possession of a hefty bill after five young diners fled the restaurant after their meals. Owner Peter Leary from the restaurant 'Seagrass' which lies on Melbourne's southbank reports that the diners ordered oysters, trout and expensive wines and then proceeded to leave for a cigarette, and never returned.

The bill totaled $340 USD but Leary recalled one of the diners asking about a former waitress. Leary contacted this waitress who suggested that he look through some of her contacts on Facebook.

Upon searching a few names, Leary recognized one of the diners and it was revealed that the young diner worked at a nearby restaurant. Leary contacted the nearby restaurant and shortly after the young diner returned, apologized and paid the bill, leaving a generous tip for the trouble caused.

Shortly after the young diner was then fired from his job at the nearby restaurant.

Facebook, social networking and seemingly a bit of social justice as well.

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(8 replies) #1 supernova_00 on 28 Nov 2008 - 20:52
and now comes the lawsuit against his employer for wrongful termination and the other for something frivlious. The first is legitimate.
#1.1 Frazell Thomas on 28 Nov 2008 - 22:11
I don't know about Australia, but in Pennsylvania the employment is at will...

So the guy wouldn't have a case to sue the employer for wrongful termination, because the concept doesn't exist (unless for discrimination reasons or as a breach of an employment contract)
#1.2 +Lexcyn on 28 Nov 2008 - 22:23
Frazell Thomas said,
I don't know about Australia, but in Pennsylvania the employment is at will...

So the guy wouldn't have a case to sue the employer for wrongful termination, because the concept doesn't exist (unless for discrimination reasons or as a breach of an employment contract)

In Canada it would be considered wrongful termination since the employee did nothing to that employer to cause him to be fired. IE: You can't do something outside of your job to be fired (there are some exceptions).

But at least he paid the bill.
#1.3 +Nashy on 29 Nov 2008 - 00:53
Lexcyn said,
Frazell Thomas said,
I don't know about Australia, but in Pennsylvania the employment is at will...

So the guy wouldn't have a case to sue the employer for wrongful termination, because the concept doesn't exist (unless for discrimination reasons or as a breach of an employment contract)

In Canada it would be considered wrongful termination since the employee did nothing to that employer to cause him to be fired. IE: You can't do something outside of your job to be fired (there are some exceptions).

But at least he paid the bill.


They can do it here... for now.
#1.4 C++ on 29 Nov 2008 - 04:15
There is no reason why he should be able to sue and I have faith that Australia, of all countries, will assess the situation with common sense and none of that North American and European technicality BS.

So what if he did nothing against the employer directly? He still proved himself to be in bad character and a thief, which is something plenty relevant to his employer.

I would fire him too. Not only would this event make me suspect that he could be stealing from me as well, but employing him would now also be dangerous to the reputation of my business.

Chances are that being a thief wouldn't help him get hired in the first place, and there is no reason why it should prevent him from getting fired if it comes to light after he got the job.
#1.5 plastikaa on 29 Nov 2008 - 15:16
Im not 100% certain but to my knowledge if you get a criminal conviction then if its relevant you can be dismissed. however it sounds like he wasnt convicted but instead when he was caught he paid the bill up - this act in itself however is argueably proof that he accepts he committed the crime, so it may still be considered acceptable for reason of dismissal, whether he was convited or not.

The person may say he was apologizing for mistake and thought someone else had paid - in which case he has not accepted he commited a crime, and could possibly argue unfair dismissial.
#1.6 +Berserk87 on 29 Nov 2008 - 23:52
when you are hired and have to do some paper signing one of the things is usually "by working for this company you understand that even outside of work you represent part of this company etc.. and you will not do anything to diminish our name"

so by dine and dashing and causing bad publicity around the restaurant he worked at, would be a legitimate reason for termination.
#1.7 cdrye on 01 Dec 2008 - 16:03
C++ said,
There is no reason why he should be able to sue and I have faith that Australia, of all countries, will assess the situation with common sense and none of that North American and European technicality BS.

So what if he did nothing against the employer directly? He still proved himself to be in bad character and a thief, which is something plenty relevant to his employer.

I would fire him too. Not only would this event make me suspect that he could be stealing from me as well, but employing him would now also be dangerous to the reputation of my business.

Chances are that being a thief wouldn't help him get hired in the first place, and there is no reason why it should prevent him from getting fired if it comes to light after he got the job.

#1.8 cdrye on 01 Dec 2008 - 16:04
C++ said,
There is no reason why he should be able to sue and I have faith that Australia, of all countries, will assess the situation with common sense and none of that North American and European technicality BS.

So what if he did nothing against the employer directly? He still proved himself to be in bad character and a thief, which is something plenty relevant to his employer.

I would fire him too. Not only would this event make me suspect that he could be stealing from me as well, but employing him would now also be dangerous to the reputation of my business.

Chances are that being a thief wouldn't help him get hired in the first place, and there is no reason why it should prevent him from getting fired if it comes to light after he got the job.

Your comment is right on
#2 RAID 0 on 28 Nov 2008 - 21:03
Shortly after the young diner was then fired from his job at the nearby restaurant.

Good. Next time pay the bill, moron.
(3 replies) #3 +GreyWolfSC on 28 Nov 2008 - 21:18
The server should not be responsible for loss prevention. There should be a cashier at the door.
#3.1 Zilos on 28 Nov 2008 - 22:52
I never pay at the door, always leave the cash on the table or in the bill booklet thing with a nice tip of course, and leave, so couldn't be the responsibility of anyone, except the person that dined. Best way to combat this is a camera at the door. Surprised they didn't have one.
#3.2 Milamber on 28 Nov 2008 - 23:26
Zilos said,
I never pay at the door, always leave the cash on the table or in the bill booklet thing with a nice tip of course, and leave, so couldn't be the responsibility of anyone, except the person that dined. Best way to combat this is a camera at the door. Surprised they didn't have one.


In New Zealand and Australia, almost everyone pays by EFTPOS. I know that the US is not a big fan of EFTPOS, but over 90% of all payments made down here are electronic. Cash is a rarity. Leaving your eftpost/visa on the table doesn't really work...
#3.3 +Raa on 29 Nov 2008 - 00:51
Milamber said,
Leaving your eftpost/visa on the table doesn't really work...

It does for me, what do you do?
(2 replies) #4 TheNay on 28 Nov 2008 - 21:52
Owned!
#4.1 rajputwarrior on 28 Nov 2008 - 22:23
damnit.. that's what i was going to say
#4.2 C_Guy on 28 Nov 2008 - 23:23
Yeah, that word never gets old...

Oh wait.
#5 +DARKFiB3R on 28 Nov 2008 - 23:03
Bringing disrepute to the establishment for which you work, and proving your dishonesty, are grounds enough for dismissal if you ask me.
(2 replies) #6 Avogadro on 28 Nov 2008 - 23:41
What is your source for this story, when did it occur ?
#6.1 theyarecomingforyou on 29 Nov 2008 - 00:07
Don't bother asking. The contributor rarely bothers supplying a source, rewording articles at will. It's plagiarism.
#6.2 eAi on 29 Nov 2008 - 00:31
theyarecomingforyou said,
Don't bother asking. The contributor rarely bothers supplying a source, rewording articles at will. It's plagiarism.

I'm getting a bit annoyed at the way Neowin seems to think their new push for 'original articles' means that they can just plagiarise without attributing sources. I've seen this time and time again. This is the Internet - use links!
(3 replies) #7 PROGAME on 29 Nov 2008 - 00:08
#7.1 eAi on 29 Nov 2008 - 00:33
Interesting how it's not quite the same story... Maybe something got changed in the plagiarism...
#7.2 nunjabusiness on 29 Nov 2008 - 06:06
Yes, unfortunately all too common on neowin lately. Seems the "ringleader" was not the only one sacked. His girlfriend who worked at the same place got the axe. And it was their boss who dragged them down there to own up.

I would have filed criminal charges as well after he paid up.
#7.3 theyarecomingforyou on 29 Nov 2008 - 14:15
That's quite an important difference. Honestly, it's stupid that sources aren't included - any basic degree of education would tell you that it's necessary.
#8 cJr. on 29 Nov 2008 - 00:13
Serves him right! To be honest, the restaurant owner, Leary, should have phoned the police on all three of them... that would have been justice! Give the scum a criminal record! Anyone who steals anything is a lowlife in my opinion!
#9 Baked on 29 Nov 2008 - 00:40
Yep serves them right and sucked in to the idiot who got sacked too.

And I'm pretty sure currently under Howard's work choices laws small business can easily sack employees.

Obviously this will change soon as Gillard has just introduced the new Work Relations bill into the lower house etc

People should remember small businesses don't have the large cash stores like some larger businesses and imagine if 2 or 3 of these sorts of things happened in a week or a month it would hurt them.

Its also about having some decency IMO what a bunch of losers!
#10 Ambroos on 29 Nov 2008 - 00:50
Well that's also the good thing about Facebook in one way. I found people I haven't seen or heard of in two years, because I didn't have any contact information. Now, on Facebook, it's surprising how small the world is...
#11 Flanamacca on 29 Nov 2008 - 00:55
Actually there is no wrongfull dismissal claims. He stole - the fact that charges were pressed was irrelevant as this represents a loss of faith in the employee.

Nothing to do with work choices etc Baked - the protection laws for employees relate to issues of incompetence and more importantly - full time employment (an issue not shown in the article) which if he worked at a cafe/restaurant - is unlikely. (dont think im defending work choices in any form or manner - the nature of it is despicable - but Gillards changes will not mean protection for casual workers over issues such as this)
#12 Optimash Prime on 29 Nov 2008 - 09:59
ah facebook see this is why you shouldnt use it... it comes back and bites you in the bum!
#13 some_guy on 29 Nov 2008 - 15:01
more of a coincidence that the diners were friends with that former waitress...

Last edited by some_guy on 29 Nov 2008 - 15:13
(1 reply) #14 alan on 29 Nov 2008 - 16:12
its there own folt for using face book
#14.1 bod on 30 Nov 2008 - 07:54
alan said,
its there own folt for using face book


their
fault
facebook
#15 P1R4T3 on 29 Nov 2008 - 18:06
Dont steal, some ppl need that money for their food.
#16 superhuman on 30 Nov 2008 - 18:48
only in australia, I guess.
#17 jasonwitty on 01 Dec 2008 - 21:57
It doesn't sound like the owner of the restaurant pressed charges or that he was actually convicted. Which means wrongful termination is in order. You cannot just fire someone because some third party says something. But he should just get a better job that pays enough money so that he can afford to eat.
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