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Charges dropped over Subway Coke incident

Charges Dropped Over Subway Coke Incident
Thursday, 10 May 2007, 11:21 am
Press Release: Autonomous Workers Union
May 10, 2007

*Charges dropped, Subway still needs to be held to account for actions*

Criminal charges against ex-Subway worker and Autonomous Workers Union member Jackie Lang for sharing a diet coke at work were dropped this morning in the Dunedin District Court.

Lang was fired in March after management at one of Subway's Dunedin branches accused her of stealing a free staff drink after she shared it with her friend.

AWU Organiser Bill Clark says the dropping of the charges shows common sense is finally winning out.

"Seeking to charge Jackie over this was always an absurd and vindictive act on the part of Subway. It's just a shame it's taken international condemnation and a concerted local campaign to make them see that.

"We're hoping the good sense that's prevailed over the charges today continues through to the mediation we have now successfully sought with Subway's management.

"The fact remains that Subway sacked Jackie unlawfully and then added the stress of criminal charges. The company needs to be held to account for their behaviour."

After nearly a month of having the charges hanging over her head Lang says she is relieved to have the matter over with.

"To have the police turn up at my house, take me to a cell and then tell me I was charged with theft was a real shock. I'm pleased my name has been cleared but I'm still not very happy about what happened.

"I'm just amazed at how many people came out to take my side over the way I was being treated. It's helped me feel like I'm not alone in this."

The AWU will enter mediation with Subway next week.

ENDS
 
 
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Protests organised at Subways in Auckland, Hamilton and Wellington

Subway, No Way!
Workers Rights Are Human Rights!

Justice for Jackie Lang, sacked Subway worker.

Protest at Subway
155 Queen St, Auckland
1pm Saturday 12th May

Called by Workers Charter
Workers Charter, a network of left wing trade unionists and activists, are calling for a protest this Saturday in solidarity with Jackie Lang, a worker sacked for sharing a $4 cup of Coca-Cola.
The Subway worker was allowed free Coke – but then she shared one with a friend.

Subway then fired her, and then called the police to charge her with theft. Charges have since been dropped by the District Court, but justice still remains to be served in the workplace...

"Workers in New Zealand are sick of bullying, intimidation and unfair dismissals and sackings." said Workers Charter activist and protest organiser Joe Carolan. "Jackie Lang's case is the straw that broke the camel's back. This Saturday, Workers Charter call on all decent people and trade unionists to come stand up for Jackie's rights.

The District Court has dropped the charges, but now real justice is needed in the workplace. Workers Charter will be advising Subway workers how they can join unions at info pickets this Saturday in Auckland, Hamilton and Wellington, and will be calling for Subway to apologise to jackie for the distress they have caused her.

Compensate Jackie for the emotional distress you have caused her, Subway. Otherwise, pickets on all your stores in Auckland will spread and grow. Have some respect for your workers!"

Editor of the Workers Charter paper and organiser for the Unite Workers Union, John Minto, added-
“When a worker is sacked for sharing her coke with a friend on her break then this is bullying and harassment. It’s disappointing but not surprising to see the police on the side of the company pursuing a worker for a $4 theft which was not a theft. This is a case of bullying and harassment by the company and Subway should have been in court instead of the worker”

Supporters of the protest also include Solidarity Union, Socialist Worker and the Auckland anti-capitalist group Radical Youth.

"Radical youth is shocked by this example of a multinational corporation bullying a poor worker for no reason" said RY spokesperson Eliana Darroch . “Subway's continued use of youth rates and its treatment of Jackie Lang clearly shows it is a company that holds its workers in contempt" added Ms Darroch.

Contacts-

Workers Charter Subway protest organiser Joe Carolan at joe (at) solidarityunion.com 021 186 1450
Workers Charter editor John Minto at editor (at) workerscharter.org.nz 0800 2 UNITE (for free copies of New Workers Charter paper)
Radical Youth – Smash Youth Rates campaign organiser Eliana Darroch 021 0555667 www.radicalyouth.org.nz/
 

Re: Protests organised at Subways in Auckland, Hamilton and Wellington

Is this 'justice' event a joke?

Does subway say that she was fired for stealing coke or is there something
else she's been sacked for?

It is unlawful to give free product away so it is stealing

Doesn't it look silly defending a common thief?

Basically Im asking - is this worth making a big deal over? This and much
worse things happen to people regularly - why this particular worker? Why not
get some courage and do something gutsy?
 

Re: Re: Protests organised at Subways in Auckland, Hamilton and Wellington

Could you give us an idea on some of the gutsy stuff you've done... provide us with some leadership oh great one!!!
d
 

Re: Charges dropped over Subway Coke incident

"all trade unionists and decent people"

- makes it sound like trade unionists are not decent people. Perhaps an accurate fauxpas! hehehe
 

Re: Re: Charges dropped over Subway Coke incident

No, thats almost accurate. Should say: "all decent people, including the odd trade unionist"

After all most trade unionists are not decent people, especially i the current era - no different than bosses.
 

Re: Re: Charges dropped over Subway Coke incident

No, thats almost accurate. Should say: "all decent people, including the odd trade unionist"

After all most trade unionists are not decent people, especially in the current era - no different than bosses.
 

Re: Charges dropped over Subway Coke incident

to the 'gutsy' anonymous person above

Your labelling of Jackie as a "common thief" shows your complete ignorance of the situation. By the standards of bourgeois legality Jackie is NOT a "common thief." Witness the multiple protests by liberal bloggers and their call for a consumer boycott of Subway! This is a ridiculous and petty example of an employer exercising their unilateral power over a vulnerable worker. Fellow workers everywhere have every right to protest this and assert their collective power against this employer in solidarity. Your use of the phrase "common thief" only shows up your complete lack of understanding of class and exploitation. Somehow I don't think any worker could trust you when involved in any so-called 'gutsy' action.

best

Malcolm Deans
 

Re: Charges dropped over Subway Coke incident

'Common thief' sounds a pretty good description. If sharing a drink is theft, then every office worker who ever grabbed a pen from the stationery cupboard and took it home or photocopied something non-work related is a thief. As is every driver who used company fuel to stop off somewhere during the course of the day. Not to mention everyone who used the company phone to call a friend. This makes theft pretty common.

Sack the lot of 'em, I say. Sack us all.

That'd bring capitalism to a screeching halt.

- Sam Buchanan
 

Re: Charges dropped over Subway Coke incident

Well, another aggressive multinational to add to the ever-growing list of permanent boycotts. Despite my better judgment I have occasionally bought food from Stubway since it's not pigshit like most fast food. In fact as vegan sub is actually quite edible.

But they have showed their true colours in refusing to pull their franchisee into line over the treatment of this worker and from now on they aren't getting a penny or a good word from me.
 

Re: Re: Charges dropped over Subway Coke incident

I agree with the above posting. I actually have a subway loyalty card with about 4 dollars on it, maybe I should go along to the protest tomorrow, & ask the manager of the subway store if I can use my subway card, to clear Jackie's debt.
 

Re: Re: Charges dropped over Subway Coke incident

I agree with the above posting. I actually have a subway loyalty card with about 4 dollars on it, maybe I should go along to the protest tomorrow, & ask the manager of the subway store if I can use my subway card, to clear Jackie's debt.
 

Re: Charges dropped over Subway Coke incident

I have about 4 dollars owing on a subway loyalty card, maybe I should go into the store at tomorrow's protest,& ask if I can use my subway card to clear Jackie's debt.
 

Re: Charges dropped over Subway Coke incident

Sam, yes. But in the language of bourgeois legality Jackie is not a 'common thief.' She shared a free drink she was entitled to. The examples you give are of workers knowingly breaking the rules to reappropriate their time and the wealth they produce from capital. Thus my point that 'gutsy,' in using the phrase 'common thief' uncritically, seems to adhere to bourgeois notions of what constitutes 'theft' and is therefore not to be trusted.
 

Re: Charges dropped over Subway Coke incident

we were out there protesting as a part of the NDU senior delegates training, and they wouldnt give us something to eat
 

Re: Charges dropped over Subway Coke incident

Well I work at a locally owned cafe and they feed me and my girlfriend all the time, for free. I can't believe this story, so typical of logo-ista mentality. so was it a petty manager or what that arranged to have her charged. I thought it wasn't theft if under $1?

In the UK police won't arrest people for shoplifting if its a food product.
 

Re: Re: Charges dropped over Subway Coke incident

I don't believe you can't all see what that poster meant. Yes, she was entitled to a free drink. She then shared that with her friend. What's to stop all employees doing this? "Oh, the company gave me a product for free, I think I'll then give it to my friend thus eliminating the chance that the person would have purchased it."

I can see that people think Subway went a bit overboard. But, from their point of view, she gave away a product they could have made money from. They are a business. It's what they do. It was stealing, plain and simple, no matter how "petty" you may all think it was.
 

Re: Re: Re: Charges dropped over Subway Coke incident

Except it wasn't. At all. In any way. Theft. She was entitled to a free drink by the terms of her contract, which meant that as soon as she took it, as she was entitled to do, it became under law, her property, and her employers have have absolutely no rights in regards to what she chooses to do with her own property, we're not living in the 18th century. If they wanted to stipulate that she was not allowed to share anything that was provided to her for free as part of her employment (though this would be on pretty dodgy grounds legally speaking), then they could have always put it in writing and had their employees agree to it in their contracts, or even (at the very very least) warned their employee that this was the new policy, but they didn't. And really the only only explanation for such behavior is congenital jerkosis, an unfortunately very common ailment.
 

Re: Re: Re: Re: Charges dropped over Subway Coke incident

Subway worker fired for sharing her free drink... with a distraught friend... A drink that costs about 10c to Subway... And is free in Dunedin with any purchase if you have a student ID... And she has Aspergers (if that counts for anything)... Not given legal rights at disciplinary meeting... Charged... And Arrested... Put in jail!

What are subway going to do next? Torture puppies in their ads?

I'm not going to eat at Subway for a very long time if ever unless they apologize big time and back it up with some money. (not forced to give money on account of the firing being unlawful)

And no I don't live in Dunedin, I live in Auckland and IMO by failing to condemn this action they approve of it.

Also if she left work (end of day or lunch break) with her cup of coke, couldn't she have shared it? Poured it out? Given herself an enema with it?

Once she has it she doesn't need to drink it.

Don't get me started on the Police...
 

Re: Charges dropped over Subway Coke incident

 

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