Whitehorse Daily Star

Government orders theft victims to pay accused

A former bartender at a Whitehorse pub accused of stealing liquor is owed unpaid wages, an investigation by the Yukon government’s employment standards branch has found.

By Rhiannon Russell on July 22, 2015

A former bartender at a Whitehorse pub accused of stealing liquor is owed unpaid wages, an investigation by the Yukon government’s employment standards branch has found.

The ex-employee, Blake Geddes, filed a complaint that his wages were withheld by the owners of Bailey’s Pub and Grill in the summer of 2013.

Following an investigation, the director of employment standards found that Bailey’s owes Geddes $433.29, plus a $100 penalty, according to a certificate filed in Yukon Supreme Court July 14.

But Geddes, 22, was charged with theft under $5,000 for allegedly stealing alcohol from Bailey’s in the summer of 2013, when he worked there.

He has not been convicted of the offence – he didn’t show up at court in January 2014, and a warrant was issued for his arrest. It’s still outstanding.

Geddes told the Star he’s moved away from the territory.

He did not want to comment further for this story.

“We’ve always complied with labour standards and done our best to be excellent employers,” Bailey’s co-owner Samantha Moore said this week.

“There hasn’t been any justice for us at all. Especially if he’s not going to show up to court.”

She and her husband, Clayton, opened their Porter Creek bar in late 2011. It had long been Clayton’s dream to run his own pub, and the couple decided to name it after their son Bailey.

About a year and a half later, they noticed alcohol was disappearing from the bar without explanation, so they installed surveillance cameras.

Both would watch the video, assuming staff on shift were pilfering booze, so they’d focus only on the hours the bar was open. The footage revealed nothing.

Money quickly became tight and the couple was finding it difficult to make ends meet, they said.

“We struggled so much because of the amount of theft that was happening,” Samantha said.

Back in July 2013, Clayton accidentally started watching 2 a.m. footage. That’s when he saw a man enter the pub, hop over the bar, grab a 26-ounce bottle of Captain Morgan rum, then leave.

“This is someone who’s a trusted employee, who’s signed off on the keyholder agreement,” said Samantha.

Clayton went back through the past month’s footage, and saw employees entering Bailey’s after-hours four separate times, drinking the bar’s alcohol and partying with up to 10 other people, Clayton said.

Someone later sent him a photo, dated August 2012, that showed one employee inside the bar with his shirt off, Clayton said. Chairs were upside down on the tables, an indication the bar was closed at the time.

“This had been going on for a very long time,” he said. He and Samantha estimate they lost thousands of dollars in alcohol.

“They almost ruined us,” he said.

The partiers would fill up pitchers and containers with draft beer, he said.

Once the Moores found out what was going on, they called two employees, Geddes and another man, into the office and showed them the video, Clayton said. He considers himself an easy-going guy, but he was angry.

Clayton said he fired them, withheld their final paycheques and called the RCMP.

“These were people that I trusted,” he said. “Our first year and a bit of business – I was just too trusting. I figured, I wouldn’t do this to anybody, why would anybody do this to me?”

Both were charged with theft. One apologized to the Moores, repaid $1,000 and surrendered his withheld $850 paycheque. In exchange, his charge was dropped.

But the charge still stands against Geddes.

After he was formally charged, he left the territory, not showing up to a scheduled court appearance. A warrant was issued for his arrest.

Anytime a person with an existing warrant in another jurisdiction comes into contact with police, even if it’s for something as minor as a speeding ticket, the person is held in custody while police contact the authorities in the other jurisdiction.

If the charge is serious, the accused can be ordered to fly back to face the allegations in court.

If the person ever returns to the home jurisdiction, he or she can also be arrested there.

There’s another option: if someone facing a criminal charge is moving out of the territory, he or she can waive the charges, meaning they’ll agree to plead guilty and the case will be prosecuted in their new jurisdiction.

Geddes did not do this, according to Yukon court records.

Shane Hickey, director of employment standards, would not comment on the Bailey’s case.

But, speaking generally, he said the department is solely focused on ensuring employment standards legislation is upheld.

“In our circumstances, we would do a full investigation with respect to the employment aspect of (a wage complaint),” Hickey said. “If there was a criminal aspect, that would have to be reported to the RCMP.... Our only jurisdiction is for the wage side of the complaint.”

Employers can appeal the director’s decisions, though the Moores said they’ve already given the office all the information they have – including information about the alleged theft.

They won’t appeal, and will pay Geddes the $533.29, Clayton said.

“We have no problem with labour standards,” he said. “We just want to tell our side of the story.”

Arielle Taylor, a second former employee who worked at Bailey’s in 2013, also filed a wage complaint with the employment standards branch.

Hickey found after an investigation that Taylor is owed $100.18, plus a $100 penalty.

“Arielle Taylor never had a cheque withheld,” Clayton said.

He said she requested that her bar tabs come off her paycheque, and wrote and signed a note permitting this.

Though the Moores submitted this document to employment standards, it must not have been enough, given the director’s finding, Clayton said.

He said they will pay Taylor the $200.18.

Taylor could not be reached for comment.

Despite the tumultuous past two years, Clayton said he doesn’t regret opening Bailey’s.

“I love our customers,” he said. “Without them, (the bar) would be done.”

Comments (8)

Up 12 Down 1

Groucho d'North on Jul 25, 2015 at 10:25 am

Its is not a justice system at work - it is a legal industry. There is a difference in the final product.

Up 16 Down 1

Love Bailey's on Jul 23, 2015 at 3:53 pm

Best Nachos in town!

Up 37 Down 0

Bobby Bitman on Jul 23, 2015 at 12:40 pm

Just like biker gangs who make a living off breaking the law, then sue when their legal rights are impigned, real or imagined.

I have to say though, they had one good person. Misguided, went down the wrong trail to join the party, but came to his senses. This is good to read, "One apologized to the Moores, repaid $1,000 and surrendered his withheld $850 paycheque. "

Up 46 Down 7

June Jackson on Jul 22, 2015 at 10:31 pm

How long have the Moores lived here? They expected justice? Court is ALWAYS about the criminal, and never about the victim.
It is the law that everyone is paid for the time they worked. There is no grey area. That Geddes is a proven, recorded thief is a separate issue. There may be a warrant out for his arrest but that doesn't mean anything...he filed a charge with Labour Standards, they know where he is...the Star talked with him? They know where he is. The RCMP don't know where he is to serve the warrant? I betcha if it were a Bank with racks of lawyers involved Geddes would be in a cell here right now.

Up 46 Down 3

vlad on Jul 22, 2015 at 9:19 pm

Obviously, something very very wrong with those "standards" and consequently with the people who are enforcing them.

Up 51 Down 2

Victim of employment standards Yukon on Jul 22, 2015 at 7:43 pm

We were taken for over 6000.00 to a drug selling full of BS ex employee. Net standards listens to only one side, even though they don't know what a person does in their personal life! We got served and had to pay a drug slinging useless person who sells hard drugs to young people, we thought we were giving this person a chance showing him some employable skills. We are honest small business owners and employment standards Yukon took his word over some honest people! Not worried what I say I already gave him a piece of my mind!

Up 62 Down 2

Just Sayin' on Jul 22, 2015 at 5:08 pm

This is bogus. This is not fair to the employer. The guy stole and has a warrant, but yet he can use the court system to get paid monies owed? WTF? He should be arrested and forced to appear for his crime. He isn't owed anything as he stole and that should be deducted from his wages. Find this douchappotamus and make him pay for his crimes!

Up 132 Down 91

Thomas Brewer on Jul 22, 2015 at 4:26 pm

What a perfect example of government interference in the reasonable operation of a private business. Complete absurdity. Cases like these are why governments and their employees get a bad rap.

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