Tim Hortons employee fired for taking toonie fails in malicious prosecution appeal

Employee claimed store fired her to avoid her maternity leave
|Canadian Employment Law Today

An Ontario woman’s claim she was wrongfully accused of stealing from her employer and fired for it has been denied by the Ontario Court of Appeal.

Charlene Walsh worked the counter at a Tim Hortons store in Toronto. In 1999, store management was concerned some employees on the night shift were stealing from the store. Walsh was not one of those under suspicion. A video camera was installed to record what went on for management to review later.

On May 31, 1999, while working at the takeout window, Walsh was videotaped taking a toonie out of the cash register and putting it in the tip jar. The store manager viewed the tape and informed the franchise owner, who told him to call the police. She was charged with theft under $5,000 and fired for theft. The charges were later dropped.