Usha Ram took the owners of the downtown Vancouver fast food franchise to court after she was fired at the end of 2013 from her position as a cook. Ram argued she had been given permission by the manager on duty to pack up the food and take it home without paying.
Janif Mohammed, co-owner of the Granville Street fast food joint, represented himself in court and countered that he had a zero-tolerance policy for theft and said Ram took a sandwich, fries and soft drink, though Yayyaba Salman, the manager on duty at the time, testified she thought Ram had asked only to take a sandwich.
Ram is a 55-year-old wife and mother who immigrated to Canada from Fiji in 1987. She has a Grade 8 education and a basic level of English. Throughout the trial, Ram testified in Hindi using an interpreter.
Ram is the sole breadwinner, supporting both her physically handicapped husband and a mentally disabled adult daughter.
In 1989, the plaintiff began working under Mohammed at a Burger King restaurant on East Hastings Street. At the time, Mohammed was an area manager responsible for several Burger King franchises.
Salman, who also spoke Hindi, agreed and Ram packed a fish sandwich, an order of fries, and a pop. The manager later testified that she thought Ram was asking only to take home “fish” as in a fish sandwich, and not an order of fries as well.
According to court documents, Burger King employees are entitled to free drinks during their shifts and half-priced food outside of shifts, unless otherwise approved by a manager. The judge noted there was some ambiguity as various testimonies shared different understandings the staff policies.
The following week, Salman waited to see if Ram would pay for the extra food she had taken, which came to a total cost of $1 once staff discounts were accounted for. When Ram did not, the manager notified Mohammed, and Ram was pulled into a meeting and accused of stealing.
Burger King: B.C. judge awards $46,000 to cook fired for taking food | Vancouver Sun
Janif Mohammed, co-owner of the Granville Street fast food joint, represented himself in court and countered that he had a zero-tolerance policy for theft and said Ram took a sandwich, fries and soft drink, though Yayyaba Salman, the manager on duty at the time, testified she thought Ram had asked only to take a sandwich.
Ram is a 55-year-old wife and mother who immigrated to Canada from Fiji in 1987. She has a Grade 8 education and a basic level of English. Throughout the trial, Ram testified in Hindi using an interpreter.
Ram is the sole breadwinner, supporting both her physically handicapped husband and a mentally disabled adult daughter.
In 1989, the plaintiff began working under Mohammed at a Burger King restaurant on East Hastings Street. At the time, Mohammed was an area manager responsible for several Burger King franchises.
Salman, who also spoke Hindi, agreed and Ram packed a fish sandwich, an order of fries, and a pop. The manager later testified that she thought Ram was asking only to take home “fish” as in a fish sandwich, and not an order of fries as well.
According to court documents, Burger King employees are entitled to free drinks during their shifts and half-priced food outside of shifts, unless otherwise approved by a manager. The judge noted there was some ambiguity as various testimonies shared different understandings the staff policies.
The following week, Salman waited to see if Ram would pay for the extra food she had taken, which came to a total cost of $1 once staff discounts were accounted for. When Ram did not, the manager notified Mohammed, and Ram was pulled into a meeting and accused of stealing.
Burger King: B.C. judge awards $46,000 to cook fired for taking food | Vancouver Sun
