An employee
working as a night shift supervisor has been dismissed after he was accused of
stealing two silver trays from the warehouse premises.
The Employment
Relations Authority rejected the employee’s personal grievance claim for
unjustified dismissal.
The ERA held
that the employer did not
have to prove that the employee took the trays but simply had to establish on
reasonable grounds that it is was more probable than not that the employee took
the trays.
The ERA held that the employer acted as
a fair and reasonable employer could in all of the circumstances by undertaking
an investigation and raising his concerns with the employee before dismissing
him.
The employer gave the employee a
reasonable opportunity to respond to their concerns and genuinely considered the
employee’s explanation as to why the trays went missing. The employer checked
the employee’s explanations and gave the employee access to their CCTV footage.
The ERA held that from his inquiries the
employer could reasonably have concluded that the employee took the trays and that
in doing so, the employee had breached his trust and confidence.
Alan
Knowsley
Employment Lawyer Wellington
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