| Summary |
UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant dismissed for dishonesty when money missing from customer deposit processed by applicant – Customer complained $500 missing from deposit – After investigation and two disciplinary meetings, applicant summarily dismissed – Numerous conflicts in evidence – Authority found open for respondent to conclude that $500 missing from customer deposit transaction after being processed by applicant – Found open for respondent to dismiss for dishonesty where had rejected applicant’s explanations that it considered implausible – Found respondent did not have to prove beyond reasonable doubt that applicant took money, because reason for dismissal dishonesty not theft – Found on balance of probabilities open to respondent to conclude on issue of honesty that applicant probably took money – Found respondent’s procedure satisfied main requirements of fairness, although not perfect – Authority not satisfied applicant had sufficient opportunity to mitigate decision to dismiss – Found respondent made decision to dismiss at adjournment of dismissal meeting without proper prior notice to applicant that employment in jeopardy other than statement in disciplinary letter – Dismissal unjustified – REMEDIES – Applicant responsible for missing $500 and could not account for it – Found applicant’s actions left her open to criticism of gross negligence – Found applicant’s evidence not reliable enough – 100 percent contributory conduct – No remedies ordered - Customer Services Officer |