# Hotel not passing tips to restaruant staff & is docking wages for "lost" napkins.



## steffie555 (25 Jul 2009)

Hi,

I'm waitressing in a hotel at the moment and I have a query that I'm hoping somone will be able to help me with. 

Last night we had a small wedding of 26 people who left a €100 tip to the restaurant staff. The managers however took the tip without informing employees and have decided to use the €100 to buy new napkins for the hotel. 

When we approached them about the issue, it surfaced that another €100  had already been taken on us last week, which a tour had left. They claim that "400" napkins have gone missing in the last 3 weeks and have assumed that restaurant staff must be to blame. 

We have now been informed that the remainder of the money needed will be taken from our wages. 

My main query here is; Can the hotel do this?? 

Hope someone can help me with this!


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## SlurrySlump (25 Jul 2009)

*Re: Tips taken from employees*

What county is the hotel located?


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## ajapale (25 Jul 2009)

*Re: Tips taken from employees*



SlurrySlump said:


> What county is the hotel located?



Please observe the no potential defamation posting guideline and *do not *identify the location or name of the hotel in question.


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## JoeB (25 Jul 2009)

*Re: Tips taken from employees*

It's very unlikely the hotel can do this. However it seems they are doing it. Do they pay double time on Sundays?


Get onto the department of Trade and Enterprise, it's an easy process. You will likely have to put your name to the complaint which is awkward.

Are you saying that the hotel is assuming you're a thief?. You need to counter by saying the manager himself may have stolen the napkins, or there may not have existed in the first place, but the Hotel cannot assume a particular group of staff stole them and punish them all.

Dept of Trade and Enterprise is your only man.


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## Bill Struth (27 Jul 2009)

steffie555 said:


> Hi,
> 
> I'm waitressing in a hotel at the moment and I have a query that I'm hoping somone will be able to help me with.
> 
> ...


Tips and gratuities are not covered by the payment of wages act, so it seems that the employer can do what they like with them.

With regard to your second point, see section 5 of the NERA info booklet on POWA:



> *4 DEDUCTIONS FROM WAGES AND PAYMENTS TO*
> *EMPLOYER - section 5*
> *Valid deductions (and payments to the employer) from wages -*
> *section 5(1)*
> ...


 
[broken link removed]


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## jack2009 (27 Jul 2009)

This is rubbish, how can you be blamed for the loss of 400 napkins.  This sounds so silly who would want 400 napkins in the first place.

Anyway it is not fair that you are having to pay for the loss of them unless the manager has some proper grounds for blaming you.  Also, you will probably find that the napkins do not belong to the hotel anyway as most of them rent them from a linen service company who does their cleaning etc.!


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## JoeB (27 Jul 2009)

As far as the tips go it depends on who received them.

If the tips were handed in cash to a staff member who placed them in a glass behind the bar for example.. and the manager stole them from the glass I would report it as theft to the Gardai... this would be little difference in this and the manager stealing from your handbag.

If they were paid by credit card but they were additional to the bill.. i.e the bill was 1,000 and the 100 was entered as an additional tip then I feel they belong to the staff, that was the intention of the people who filled out the credit card slip. Again I would be reporting the Hotel and Manager to the Dept. of Trade and Enterprise... and probably the Guards as well...


The only way the hotel may be within its right was if the tip was part of the main bill.. i.e a service charge.. so the menu says '13.5% service charge' but that isn't passed on to the staff... I think it is unlikely that this is what happened.

Does the Hotel pay double time on Sundays?

If all the staff agree you can make a group compaint to the Dept... this will succeed in all likelyhood as Hotels seem to ignore the law as regards Sunday working.. and if they are also stealing your tips (which is no different to stealing from your handbag) then they would get in serious enough trouble.

Cheers


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## Deiseblue (27 Jul 2009)

You can contact SIPTU ( Trade Union ) at 01 - 8586300 , ask for the Tourism and Hospitality sector who can advise you on the totality of your rights as a Hotel worker in confidence .


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## Complainer (2 Aug 2009)

let the bride and groom know what happened.


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## canicemcavoy (2 Aug 2009)

This is why I always make sure any tip goes directly into the hand of the person serving, and don't - for example - use the tip function if paying by credit card. The OP should certainly get onto their SIPTU rep.


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## Bronte (3 Aug 2009)

I always tip in cash directly to my server as I know the restaurants in Ireland have the right to take the tip.  There was a court case about it a couple of years ago I believe.  

I know a very well known restaurant who would dock wages for broken plates etc and then claim it off the insurance.  I don't believe it is legal for them to dock your wages.  You can try a union for information on your rights.   Unfortunately you risk losing your job if you cause trouble, sad but true.


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## JamesGG (12 Aug 2009)

I worked in a hotel before and for a long time, tips from tours, weddings etc, were never given to us. We joined a union and we challeneged the managers about this, one day, they caved and €3000 was divided  between all of us. Surprise, Surprise! This happens all the times in hotels and restaraunts. I always give the tip to the staff themselves.


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