Manager was informed of termination through a coworker’s text, after business owner shared theft allegation
The Fair Work Commission (FWC) examined whether an office manager's dismissal was consistent with the Small Business Fair Dismissal Code after the business owner became aware of stock discrepancies in a sawdust product used for animal bedding.
The business owner conducted a stocktake and interviewed staff members, then obtained written statements from four employees over several days while the manager was overseas on holiday.
The employer issued a letter of demand through a solicitor stating the business had no wish to have any further dealings with the manager and would not agree to continue employment.
The manager denied allegations of theft and provided bank statements showing payments to the employer.
Employer became aware of stock discrepancies
The employer's business involved selling garden and landscape supplies, including a sawdust product used for animal bedding. In mid-May, the business owner claims she became aware of discrepancies in the product stock, which prompted the employer to conduct a stocktake.
After the stocktake, the business owner interviewed staff members and alleges that conversations with employees revealed the manager had been instructing staff to deliver the product to her stables.
The business owner spoke to one employee regarding the sawdust being delivered to the manager's house. That employee had been employed by the employer for less...
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