January 18, 2004

Dismissal: Accused workers fight back

Charlene Walsh knew something unusual was going on when the district manager for the doughnut shop she worked at asked to speak to her in private. Nevertheless, she was unprepared for the two policemen waiting for her at the back of the store.

“I didn’t know what to think,” recalls Ms. Walsh, who was seven months pregnant when she was arrested and, at the same time, fired from her job. “When I went inside the office, they closed the door and one of the officers asked me if my name was Charlene Walsh and confirmed my address. Then he read my rights and told me I was being charged with theft under $5,000.”

Ms. Walsh’s alleged crime was stealing money — her employer could not say exactly how much — from the cash register. A year later, in June, 2000, an Ontario Court judge found there was no evidence to support the charge and dismissed her case. But Ms. Walsh was not satisfied with her day in court. Earlier this year, she launched a civil suit against her former employer, a Toronto-based Tim Hortons franchise.

In addition to claims of wrongful dismissal and malicious prosecution, Ms. Walsh is accusing two of the franchise managers of defamation of character. [read article in The Globe and Mail]

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