Unfortunately for everyone involved, the waiter is complicit in the fraud and no longer deserves a tip.
People like to act as if wait staff are completely innocent, but when I was younger I had a policy that if a female waitress started touching me close to the closing out of the deal she got no tip.
I personally find that behavior gross.
This is true whether I'm a developer, a ski instructor or a waiter.
No, as we all know the service staff has no power over the restaurant policy.
They are, however, the communication agent between customer and restaurant, so they should be informing the customer about these surprise charges up front. If they don't, they are indeed complicit.