


| Summary: | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Removal of four litre tin of stain for applicant's personal use without authorisation - Whether disparity of treatment - Whether stain removed replacement for applicant's own stain - Maintenance person |
| Abstract: | AUTHORITY FOUND - UNJUSTIFIED DISMISSAL: Theft, misappropriation or conversion of employer's property to employee's use serious misconduct. Policy incorporated into parties' employment agreement defined possession or use of respondent's property without authorisation as serious misconduct. Respondent had become aware previously of culture of staff removing plant and equipment for own use. Respondent held meeting with maintenance staff and put note on intranet making clear removal of plant or equipment without authorisation forbidden. Applicant aware of respondent's expectations. Any residue stain leftover from applicant's previous work as contractor belonged to applicant but applicant knew that stain actually removed from respondent did not belong to applicant. Neither example relied on by applicant to show disparity of treatment in any way similar to applicant's behaviour. Respondent not required to conduct more elaborate investigation and respondent satisfied procedural fairness obligations. Dismissal justified. |

A man was fired from his job because his boss suspected him of stealing from the work Christmas morning tea shout.
Greg Ngawhika was a shift supervisor at a Penrose warehouse of Market Gardeners Limited, until he was dismissed from his role in February.
Ngawhika took a claim of unjustified dismissal to the Employment Relations Authority (ERA), but Member of the Authority Robin Arthur found his claim failed and his dismissal was justified.
Manager of the Penrose branch, Kerry Baird, fired Ngawhika after he believed the employee stole two silver trays from the warehouse at last year's Christmas morning tea shout.
Baird told the ERA the warehouse staff were treated to a Christmas morning tea shout on December 16 2014. The event was catered by an external company, and when the caterers returned the next day to collect the trays and boxes the food had been delivered in they found two silver trays were missing.
Baird watched recorded CCTV footage to try to get to the bottom of the missing trays.
He identified a period of time when the trays could have been taken, and a person who he thought was Ngawhika entering the office where the trays had been stored.
The CCTV footage showed the person using light from a mobile phone to move around the storage space.
Ngawhika claimed the sacking was unjustified because there was no "clear evidence" that he took the silver trays.
Arthur found that on the balance of probabilities, Baird had undertaken a sufficient inquiry into the evidence on the CCTV and answers to the questions he put to Ngawhika about the missing trays,
Neither the ERA nor Baird had to indisputably prove that Ngawhika had taken the trays, Arthur said. The process Baird had carried out reached a conclusion that it was more probable that Ngawhika had taken the trays, and therefore his dismissal was justified.
三个学习成绩分别好中差的学生,临毕业各自找到同一班主任。成绩优异者问老师,将来我能做什么?答:你可以当一名出色的班主任。成绩中等者再来垂询,答曰:可做教导主任,成绩最差者尚未进门,即被臭骂一句,滚蛋,你将来是我们的校长。这是一个负能量的班主任,他违背了长期奴役国民的教学大纲,但教育学生识别了人生真谛。他告诉我们一个真理,最大的头儿,一定是个饭桶。向这种不畏权势,淡泊名利的师长,致以崇高的敬意。












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