A Kerikeri woman has lost her claim for unjustified dismissal after the Employment Relations Authority found she had admitted stealing from her employer.
Therese Rosenthal took a case to the authority, alleging she was unjustifiably dismissed from her job at Bucky's Diner, in Kerikeri, and saying she had not stolen from the eatery. Ms Rosenthal sought more than $38,000 in compensation, reimbursement and lost wages, but authority member Dzintra King dismissed her claim, saying she had admitted stealing and left her job as a result.
The authority heard Ms Rosenthal started working at the diner in May 2009. By mid-June owners Craig and Angeline Buckland had become aware large amounts of raw fish, shellfish and bulk meat were unaccounted for.
Security cameras were installed. A staff member had told Mrs Buckland she had seen Ms Rosenthal take food and drinks from the kitchen to her partner outside the diner, but did not see her pay for the items.
Mrs Buckland said by late June, 2009, it was clear produce and cash were being stolen, the till often down between $30 and $80.
The couple said at the authority hearing video footage showed Ms Rosenthal leaving the diner with a tray of eggs, with what appeared to be items wrapped in her apron that she passed to her partner.
Mrs Buckland said when she confronted Ms Rosenthal she said the item passed to her partner was a cannabis "tinny". In August, 2009, Mrs Buckland asked Ms Rosenthal if she had been thieving from the diner. Mrs Buckland said Ms Rosenthal admitted stealing, said she was sorry and would pay it all back. Ms Rosenthal later signed her final pay over to the diner as "settlement".
However, Ms Rosenthal gave a different version of the August meeting to the authority, saying Mrs Buckland had clenched fists and yelled at her. She said she did not apologise to the Bucklands as she had done nothing wrong.
Ms Rosenthal said she did not offer to pay back any money and signed the wages waiver under duress or ignorance.
However, in her decision Ms King said she preferred the Buckland's account, despite the security camera footage being lost.
"By signing (the waiver) Ms Rosenthal consented to not receiving her final pay. I do not accept ... that this was done under duress or ignorance," Ms King said in her ruling. "Ms Rosenthal was not dismissed. She left her employment after her actions had been discovered. Ms Rosenthal admitted stealing and left her employment as a result."
Worker loses her claim over dismissal
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