Pool-playing employee wins case against sacking

Wed, 02 Dec 2009 2:16p.m.

A Hamilton snooker club employee has had a partial Employment Relations Authority (ERA) victory after being sacked for playing pool with a club member while a thief stole $9000 from an unlocked safe.

Waikato Snooker and 8 Ball Club team leader Winston Ip was given his marching orders in August last year after the club investigated circumstances surrounding the disappearance of $9100 from a safe behind the customer service counter.

Security camera footage established that Mr Ip had been playing pool with a club member when a thief raided the safe.

The loss was discovered the next morning by club manager Lindsay Weight, who was in an upstairs office when the theft occurred.

The club said Mr Ip had been told that playing pool while on duty was against policy, and that he also breached confidentiality policy by telling a club member about the theft. His actions were said to have jeopardised the club's gaming licence.

Mr Ip admitted having played pool while on the job, but argued Mr Weight had done the same earlier on the day of the theft.

When the club's president learned Mr Weight had also breached policy by playing pool, he had given Mr Weight a "good ear bashing", but took no further action, the ERA report said.

The ERA determined that Mr Ip's actions amounted to serious misconduct, but said Mr Weight's level of culpability was at least as high.

As a result, Mr Ip's dismissal was considered to have been at odds with what a fair and reasonable employer would have done.

In regard to Mr Ip's submissions to the ERA, he had provided a medical certificate saying he was "very distressed and on the verge of depression" over the situation, but had not provided anything suggesting he was unable to seek other work.

The ERA awarded Mr Ip $4000 for the distress caused by the club's unjustified actions, but deducted a quarter of that amount because he needed to shoulder some of the blame for what happened.

The issue of costs was reserved, with both parties given time to resolve the issues between them.

NZPA

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