Double shot dismissal! Morning piccolos and afternoon cappuccinos results in dismissal!
Lynelle Ajax v Credit Union Australia Ltd [2021] FWC 3165
Two credit union employees were sacked for abusing their employer’s coffee account at a local cafe and one of them just lost an unfair dismissal case (the other settled her claim). The former employee enjoyed a piccolo in the morning and a cappuccino in the afternoon, which as anyone will tell you, is entirely the wrong order – milkier coffee in the morning, lower milk in the afternoon…
The case shows that even a relatively small theft from an employer, in this instance, just over $100 in coffees, can warrant dismissal. It was also relevant that the employee was dishonest during the disciplinary process – often a separate ground for dismissal.
The employer conducted a rigorous investigation and show cause process, ensuring it had all the facts and the employee had a proper opportunity to respond. Also relevant was the FWC’s consideration of whether dismissal was an appropriate sanction or whether it might have been too harsh – each case should be assessed on its own merits. In this case it was a fine balancing act, given the employee’s 6 years of unblemished service and the financial impact on her as a single mother of two. However, the FWC found that the dishonesty of the employee, particularly given her position of trust in a financial institution, made dismissal a proportionate sanction.
This publication constitutes a summary of the information of the subject matter covered. This information is not intended to be nor should it be relied upon as legal or any other type of professional advice. For further information in relation to this subject matter please contact the author.
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