| Summary |
UNJUSTIFIED DISMISSAL – Misconduct - Applicant dismissed for failure to account for monies advanced to him to pay for parking company vehicle – Applicant responsible for driving other employees to work site – Each week, applicant given cash to cover cost of parking – However, applicant did not pay for parking everyday and took to circling streets looking for free car parks – When situation came to respondent’s attention it wrote to applicant and gave driving responsibilities to another employee – No further contact between parties, each expected other to make first move – Applicant took sick leave – Although provided medical certificate, respondent doubted genuineness of sickness – Respondent determined to dismiss applicant and sent him backdated letter of dismissal – Also refused to pay applicant sick leave – Applicant met with respondent, returned extra parking money and asked for job back – Respondent declined, but paid sick pay when approached by Labour Inspector – Much later, offered applicant job back with fresh start, but he declined – Both parties responsible for failure to communicate – Respondent’s actions not those of fair and reasonable employer – Applicant given no opportunity to explain parking money or respond to sick leave allegation – Dismissal unjustified – However, fair and reasonable employer entitled to conclude applicant had no reasonable explanation for retaining money when no explanation proffered, or money returned, for two weeks – Remedies – Applicant failed to mitigate loss and remained unemployed – Declined to seek work with temp agency as did not have a telephone for personal reasons – Had also refused reinstatement – Not entitled to lost wages – Applicant gave limited evidence of loss of dignity resulting from dismissal – Failure to look for work showed not too upset about not having paid employment – Requests for parking money when not required and failure to explain contributed to grievance – Behaviour inconsistent with duty to be responsive and communicative - Authority also took into account applicant wasted company and employees' time looking for free parks – Contributory conduct 50 percent – Labourer |