Food giant's staffer was fired for allegedly exaggerating her hours – but the termination process was bungled
.jpg)
A food giant employee, sacked for allegedly exaggerating her hours, has won thousands of dollars in compensation after the company botched its termination process.
San Remo Pasta fired merchandiser Janet Pool for "time theft": incorrectly recording the hours she had worked at stores, falsely claiming pay for those hours, and not giving honest answers during a probe held on the matter.
“We are dealing with a dishonest person," San Remo Pasta Ltd’s central North Island territory manager, Steve Millsteed, had warned sales manager Kerry Wharerau, as he identified five dates on which Pool allegedly claimed pay for more hours than she worked.
Pool, from Whakatane, had been working for San Remo for two years, and had also been accused of bullying another merchandiser at the Pak’nSave in which she was assigned.
After being fired for the alleged time theft, Pool filed an unjust dismissal case, seeking approximately 10 months' lost wages and $30,000 compensation for distress caused by her dismissal.
The Employment Relations Authority has decided in her favor and awarded her more than $14,000 in compensation, The Daily Post reported.
The ERA said San Remo failed to sufficiently investigate allegations against Pool, provide all information necessary to her, give her the chance to respond to further information it had gathered and disclose the prejudicial allegation that she was a dishonest person.
The authority also concluded that Pool’s interaction with another merchandiser was not relevant to the case.
Evidence provided had established Pool was greatly upset by the accusations made about her conduct and how San Remo carried out its investigation. She was tearful and embarrassed.
"I've been merchandising for years and it is a job I love," she said.
"When these allegations were made, I was unable to continue in a merchandising role and that hasn't changed to date as, while I am able to shop at Pak'nSave, the owner will not consent to me working there as a merchandiser."
Pool's lawyer Jonathan Kay said he would be seeking costs from San Remo Limited and also asking for Pool to be re-instated at Pak'nSave.
It was never about the money, Pool said, but about restoring her tarnished reputation.
San Remo Pasta fired merchandiser Janet Pool for "time theft": incorrectly recording the hours she had worked at stores, falsely claiming pay for those hours, and not giving honest answers during a probe held on the matter.
“We are dealing with a dishonest person," San Remo Pasta Ltd’s central North Island territory manager, Steve Millsteed, had warned sales manager Kerry Wharerau, as he identified five dates on which Pool allegedly claimed pay for more hours than she worked.
Pool, from Whakatane, had been working for San Remo for two years, and had also been accused of bullying another merchandiser at the Pak’nSave in which she was assigned.
After being fired for the alleged time theft, Pool filed an unjust dismissal case, seeking approximately 10 months' lost wages and $30,000 compensation for distress caused by her dismissal.
The Employment Relations Authority has decided in her favor and awarded her more than $14,000 in compensation, The Daily Post reported.
The ERA said San Remo failed to sufficiently investigate allegations against Pool, provide all information necessary to her, give her the chance to respond to further information it had gathered and disclose the prejudicial allegation that she was a dishonest person.
The authority also concluded that Pool’s interaction with another merchandiser was not relevant to the case.
Evidence provided had established Pool was greatly upset by the accusations made about her conduct and how San Remo carried out its investigation. She was tearful and embarrassed.
"I've been merchandising for years and it is a job I love," she said.
"When these allegations were made, I was unable to continue in a merchandising role and that hasn't changed to date as, while I am able to shop at Pak'nSave, the owner will not consent to me working there as a merchandiser."
Pool's lawyer Jonathan Kay said he would be seeking costs from San Remo Limited and also asking for Pool to be re-instated at Pak'nSave.
It was never about the money, Pool said, but about restoring her tarnished reputation.
Related stories:
Ex-criminal employee awarded $6,750 for unjustified dismissal
Clear employee policy might have prevented this litigation
