Fast food manager accused of stealing ordered to pay $9000

A long-serving fast food outlet manager accused of pocketing money from the till has been ordered by the Employment Relations Authority to pay Restaurant Brands Ltd nearly $9000.

The amount is made up of $5000 special damages for the cost of employing a private investigator, $2381.41 special damages for executive time and expenses incurred in the investigation, and $1545 legal costs.

The ERA dismissed a further claim by the company for $3000 in general damages for the staff member's involvement in theft while he was employed in a senior position.

Leonard Bond, who was employed by the company for about 30 years, denied accusations he stole $9545 and said the allegation was based only on "suspicion and speculation.''

Mr Bond accepted he had been convicted for putting $80 into his pocket from the till at the Upper Hutt KFC store - where he had been general manager for two decades. A complaint to police followed and he pleaded guilty.

Under cross examination, he conceded he took a small amount more than the $80 theft caught on video camera.

Mr Bond had no employment agreement and the authority had to decide if his employer was entitled to special damages, general damages and costs and if so, how much.

Investigators were brought in when discrepancies were found in an audit involving the Upper Hutt store. Covert security cameras were installed and Mr Bond was seen in "suspicious activity'' at the till on June 19 and 22, and July 9, 2009. A sum of $80 was identified by the camera on June 22.

When interviewed by investigators, Mr Bond provided "a feeble and implausible explanation at the time.''

He was dismissed for taking company funds, which constituted serious misconduct, the authority said in its determination.

Mr Bond accepted at the investigation meeting that he had taken cash on more than one occasion but denied it happened on numerous occasions.

The company said it incurred costs for the investigation and had proportioned claims on Mr Bond's level of irresponsibility according to his seniority. He was one of three senior employees who were caught at Upper Hutt.

It was reasonable for the employer to bring in investigators with expertise in the use of cameras and interviewing techniques, the authority found.

The discrepancies were considered serious given the amounts of money believed to have been taken. Restaurant Brands claimed the total thefts by Mr Bond and other employees over time could have been as high as $100,000.

Costs for the authority's investigation meeting have been reserved.

Leonard Bond could not be contacted for comment.

In a statement to APNZ, a Restaurant Brands spokesperson said theft was a serious issue and one the company took very seriously.

"When an employee is caught stealing, as a matter of course we not only terminate their employment but we also report it to the police. If appropriate we will also seek restitution for losses incurred, as we have in this case.''