Mr Bond was employed as the Upper Hutt KFC General Manager for 20 years.
An audit of the Upper Hutt Store uncovered some monetary discrepancies. The Company installed covert security cameras and Mr Bond was observed in some suspicious activity. This included the taking of $80.
When interviewed regarding this, Mr Bond offered a “feeble and implausible “ explanation at the time.
Mr Bond was subsequently dismissed for taking Company funds, which constituted serious misconduct. Following his dismissal, a complaint was laid with the Police and he was charged and pleaded guilty to the theft of $80.
This case was taken to the Employment Regations Authority. Mr Bond had no employment agreement and the Authority had to determine if the Employer was entitled to special damages, general damages and costs.
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 Employment Relations Authority has ordered Bond to pay Restaurant Brands Limited a total of $8,926. This is made up of:
• $5,000 to cover the cost of Restaurant Brands having to hire a private investigator;
• $2381.41 special damages for executive time and expenses incurred in the investigation;
• $1,545 legal costs.
Subsequently, Restaurant Brand sought $10,000 full indemnity for legal costs incurred in the Authority’s investigation. The Authority determined that Mr Bond is to pay $3,500 contribution to Restaurant Brand’s costs.
Please check your employment agreements or policies to ensure that you have the right to install and use video surveillance. Agreements supplied by Employers Assistance Ltd include the facility to monitor. If you would like to purchase the latest agreements, please go to
http://www.employers.co.nz/employer-products.aspx Please note: these products are free for subscribers to
the Employers Support Package.