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Dishonesty and theft of even the smallest items, can constitute reasonable grounds for dismissal. This lesson was learned the hard way by Mr Petrosillo, when Coles dismissed him for eating a snickers bar, which was given to him by another employee, in the distribution centre where Mr Petrosillo worked.
After experiencing losses of approximately $110,000 from its distribution centre, Coles had issued a Check Seal Policy and Food and Drink Policy. Under these policies all food and grocery items belonging to an employee had to have a check seal on it, to distinguish them from stock items. In addition, all employees were required to read and sign the Code of Conduct, which required employees to be “open, honest and trustworthy”.
Mr Petrosillo was interviewed in relation to the contravention and was told of the requirement to be open and honest in his answers, otherwise it could result in the termination of his employment. Mr Petrosillo was then suspended on full pay. He was interviewed again a week later and after considering his responses, he was dismissed.
Under cross-examination Mr Petrosillo:
• confirmed he was aware of the relevant policies and that Coles regularly enforced them;
and
• was evasive in his answers, leading SDP Cartwright to conclude that he was aware that the snickers bar did not have a check seal on it and that it was likely it had been stolen.
As such SDP Cartwright found Mr Petrosillo’s dismissal was fair and reasonable, despite his unblemished record of service.
HR Tips
This case demonstrates:
• the importance of:
o having appropriate workplace policies, which are made known to all employees and are enforced;
o warning employees of the consequences for dishonesty; and
o having strong evidence of serious misconduct before dismissal.
Kelly Godfrey
Special Counsel
Australian Business Lawyers
kelly.godfrey@ablawyers.com.au
NOTE: This is for information purposes only.
It does not purport to be comprehensive or to render legal advice.
