| Summary |
UNJUSTIFIED DISMISSAL - Serious misconduct - Summary dismissal - Applicant worked at harbour marina - Dismissed for accepting boat cradles as gifts, and having them dismantled and transported from marina - Respondent invoiced under purchase order" for dismantle work and transport hireage - Applicant believed cradles personal gifts from boat owners and brokers - Applicant claimed intended to pay for work and hired transport to assist other work - Claimed respondent mistakenly charged - Applicant made no attempt to change invoice into his name - Respondent reasonably rejected assertion applicant asked to be charged personally - Work should not have been authorised under purchase order - Respondent reasonably concluded applicant directed contractor, engaged to perform other work, to dismantle cradles under purchase order - Also reasonably concluded applicant hired transport under purchase order for own benefit - No authority to permit work to be done - Work undertaken for own benefit contrary to respondent's interests - Breach of duty of fidelity - Respondent justified in finding serious misconduct justifying summary dismissal - Applicant aware respondent to give decision at time dismissed - Respondent made sufficient inquiries - Investigation full and fair - Disparity of treatment claim rejected, given claimed instances never subject of disciplinary action - Dismissal justified - Recommendation respondent review and revise gift policies - Orders in earlier determination discharged - Marina manager" |