| Summary |
UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed for false theft allegation – Respondent argued applicant misused company cellphone, gave misleading information, and failed to follow lawful instructions – Respondent discovered applicant made private calls using company cellphone – Applicant knew company policy prohibited private calls – Respondent’s client (“CHH”) alleged applicant stole supplies from CHH – Respondent notified applicant private investigation into theft allegation being held – Respondent advised applicant not to use company cellphone while investigation pending – Applicant continued using cellphone - Applicant interviewed by private investigators and concluded applicant lied about knowing and contacting CHH employees while investigation pending – Respondent advised applicant needed drug screening test as failed pre-employment screening – Applicant admitted smoking cannabis on weekend due to stress – Respondent held disciplinary investigation into alleged cellphone misuse, providing misleading information, and misuse of drugs – Applicant suspended on full pay – Applicant admitted misusing cellphone and drugs – Denied giving misleading information and theft – Respondent accepted applicant used drugs outside work and screening test returned negative – Respondent concluded applicant gave misleading statements and misused cellphone – Concluded despite theft not proven, matter caused strain between respondent and CHH – Concluded no opportunities for redeployment – Concluded dismissal appropriate given applicant’s short service – Authority found serious misconduct conclusion warranted – Found fair and reasonable procedures followed – Found respondent balanced applicant’s length of service with possible redeployment – Dismissal justified - RECOVERY OF MONIES – Respondent sought recovery of $779 for cellphone expenses – Authority ordered applicant to pay respondent sum owed – Truck Driver |