August 25, 2011
To Whom It May Concern:
I am writing this letter as a formal complaint regarding my former employer Marigolds & Onion Ltd, and those members of management that represent them (ie.the owners/Max/Tex).
I was contacted by Max regarding working during the Rogers Cup Event. Because of our past work experience together; he referred me to work this event as a member of his kitchen staff. Due to my efficient work practices and exceptional work ethics, he knew my experience would come in handy. I have over 25 years experience in the food industry, and Max knows that cooking is my life, and I always take pride in whatever I do.
I met with the owners on Friday August 5th, who was very specific on the operation of the event. I accepted the position with understanding that although the hours would be long I would still be entitled to applicable overtime if required. And of course still be entitled to my breaks and lunches as required by law of Employment Standards etc.
On Saturday and Sunday, it was “$2.00 Burger Day”. The forecast for the business was not accurate, and business was much slower than expected. Not to mention that they were not completely prepared as the cash register was not programmed, so they were disorganized. Because of the amount of burgers that were left over on Saturday, it was ordered that less burgers were made on Sunday. There were no concerns there.
However on the Monday, Max requested that “I” make him Cheese Burgers. Yet he also asked for a little more…which I did. I took 6 of those placed them in a container, and added cheese to them. Max then suddenly changed his mind and said he no longer wanted them. He threw the cheese in the garbage in front of the other staff members, and yelled that if he wants something “DONE…DO IT!!! ” I didn’t understand his behavior or where the problem came from. Shortly after Max came to me, and again yelled” WHEN I SAY ANYTHING! DO IT WITHOUT ATTITUDE!!! ” I didn’t argue with him since I wanted to avoid making this into a bigger issue than it really was. I also weighed out the pros of it all. This was just a temporary position, and I wouldn’t ruin my chances because of his own issues. After working 12 straight hours without a break, I asked if I could leave early. My request was declined. Shortly after the owners came and said to shut down everything. I was told to dump ALL the burgers in the garbage. I suggested if they were properly stored in the refrigerator, they could be used the following day. They thought it was a good idea so we put the burgers away.
On Tuesday we would those burgers from the night before without a concern. Max also had a few ideas of his own. He suggested that we “skore” the hot dogs. This technique is often done to make the hot dogs appear larger, and more appealing. After making 300, the owner requested that we stop…he didn’t want them done that way. Another idea was to cook enough burgers to last 2 hours after the last match rather than me having to work 14 hours. And it would only be 10-12 hours instead. It had rained a lot and it became slow. At around 8pm, I asked if I could leave early since I had a distance to travel and again had another day without a break. There was more than enough burgers to last, yet again I was declined. I continued to put cheese on the burgers for 20 minutes when Max irately said “GET THE F_ _ K OUT!!! ” I didn’t act as many would have, I was just shocked. Max then apologized and said that “You didn’t deserve that…”He also apologized for the previous night and his iritic behavior. We shook hands and he promised it would never happen again.
On Wednesday night, the supervisor Tex witnessed Max’s behavior and pulled me aside about it. He told me that despite Max being rude and now telling me not to come back to work…that I should come the following day. At the end of such a night, if Max called me the N word it wouldn’t matter to make me feel less of an individual after how he treated me with Tex standing there. Tex then sent me a text message after I left, to say I needed to work things out between Max and I. And that I should not come back to work. I was confused and wanted to make sure that this was not a scheme. I didn’t want to be labeled as abandonment of employment at the way how things had been going.
On Thursday when I went to work, surprisingly there was security and management at the gate waiting for me. They advised there was no work available and had given me no concrete reason as to why I was being dismissed. And to this day I still don’t know the reason. I was not given a termination letter.
I feel that although I had an understanding at first…I became his target. And I was subjected to unfair treatment as I was harassed, verbally abused, and overworked. I put my heart and soul into this position, it was more than just making Hot dogs and Burgers.
Another incident occurred when I was asked to bring food to a customer by Max. In the middle of me following orders he began to yell. He ordered me to go back to the back, and that he was wrong. I should not go to the front. What provoked that, I have no idea….Without direct words being said I was discriminated against. I know that my skin
colour was the reason to all of this. And it hurts when you are treated in such a way and there isn’t anything that you can do. I have seen such treatment in other work places to others, and myself and did nothing. But this is the last straw.
I am more then just a Chef or a Black Man. I am a human being with rights. As a Canadian Citizen it is my duty to ensure that others don’t go through this unfair treatment.
Lastly, I was advised that the following hours would be my scheduled hours at a pay rate of $16.00 per hour. Please see below the following. And despite the following hours that I did work I was advised by the Special Events Project manager Inoka Dias that they do not pay overtime because of a special permit which the company has. I am not sure if this is true or not as I never heard of such a thing
August 5 10am -3pm Actual work hours 10am -6pm
August 6 9-close Actual work hours 10am -8pm
August 7 11-close Actual work hours 8:30am -8:30pm
August 8 11-close Actual work hours 8:30am -8:30pm
August 9 11-close Actual work hours 9:30am -5:30pm
August 10 11-close
August 11 11-close
August 12 11-close
August 13 11-close
August 14 11-close
At this time, I am just asking for this to be reviewed. As well as the standard of those in this company who feel that they can mistreat employees, and to treat those unfairly and get away with it. I would be more than happy to meet with someone to discuss this matter further, as I would like some action taken against this unfortunate experience which I was subjected to.
Kind Regards,
Patrick Dean
0 comments