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“Serious misconduct” a grey area

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HC Online | 17 Apr 2012, 12:00 AM Agree 0
HR would be more than justified in summarily dismissing an employee following a theft, right? Wrong.
  • Kate Connellan | 21 Apr 2012, 06:01 PM Agree 0
    This is an interesting one.
    Just prior to starting on the waterfront, an employee was sacked for stealing a trolley used for moving heavy parts around. The value of the trolley was around $20. The MUA negotiated a reinstatement for him. Many employees told me about it when I started and were furious that he had not remained sacked. I have to agree with his reinstatement though - I doubt it would ever have stood up at FWA.
    Although he was universally recognised on site as being a poor employee, who was partial to misconduct, in his 20 years with the company he had never been counseled! FWA could reasonably have said that this employee 'had a clean record'. The value of the trolley was also minor and nothing in comparison with 20 years of solid service.
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