Employer sometimes takes our tips

daheff wrote: »

if you go nuclear on this expect to find yourself not getting hours anymore... and find it hard to get a new job in the industry

softly softly approach is needed here

mention it casually to your manager that your share of tips doesnt seem to be right

coylemj wrote: »

Hotel/restaurant keeps tip - stale news. Why don't the staff do like they do in the Ivy in Dawson St. - ask the customers for cash tips?

https://www.independent.ie/irish-news/dublins-ivy-restaurant-gets-into-thorny-debate-over-staff-tips-37556985.html

You're grossly overestimating the effect a call to Joe Duffy would have. And that's assuming that he puts you on the air and allows you to name the place. Which is highly unlikely.

GM228 wrote: »

There is no legislation passed yet, the Bill has recently passed the Dáil Second Stage, it is not law yet.





Be that as it may, an employer does not have to recognise or engage with that workers union.





When passed the employer will not be allowed to deduct for any reason unless for a reason allowed for under a collective agreement.





You can't be taxed on an assumed income, only actual declared income and the Bill does not in any way change tax liabilities as tips are already a tax liability which you are already supposed to declare.

---

All that aside, the current position here is (or at least was) that any tiips received by an employee becomes the property of the employer under common law and equity, a long standing position as per the Diplock vs Blackburn (1811) 3 Camp 43 case.

This is due to an employees duty to account to the employer for property, a well-recognised duty which may be considered an aspect of the implied contractual duty of fidelity and good faith, in 1951 (in the UK) the courts confirmed that failure to account was indeed a breach of the duty of fidelity and good faith which itself was previously confirmed to be a valid reason for dismissal.

The employees duty to account means that if an employee receives money or other property in connection with their employment, that money or property belongs to the employer who gains legal possession of it as soon as it passes into the hands of the employee. Provided the property is received as a consequence of employment, the employee cannot assert title as against their employer. The exception to this is the Tronc distribution system in which case the employer is no more than a custodian as opposed to owner of monies received.

And further to that where an employee agreed to perform services for a third party during the time they were obliged to work for their employer, the employer is entitled to the proceeds of the services earned by their employee, this is a common law provision dating back to the Thompson vs Havelock [1808] 1 Camp 527 case, technically still good law, but I know of no such cases in over 150 years on that matter.