KEY POINTS:
A veterinary nurse, sacked from her job for allegedly stealing cash, has had her appeal to the Employment Relations Authority dismissed.
The authority found there was convincing evidence the nurse, Kaylene Bickley, took $100 from her employer, Halifax Vet Limited, with other records showing the figure could have been more than $2000.
It dismissed Ms Bickley's personal grievance claim, and ruled she must pay $100 back to her former employer.
However, the authority dismissed a counter-claim from Halifax to order Ms Bickley pay a penalty for breach of good faith, saying proof to a criminal standard would have been needed for this.
Ms Bickley was employed as a veterinarian nurse at the Nelson centre from 2000 until June 2007.
As part of her role, Ms Bickley was responsible for reconciling daily transactions and preparing the banking.
In May 2007, her employer noticed irregularities in some customer accounts.
An investigation ensued, and it was found Ms Bickley was at the centre when most of the suspicious transactions took place.
It was also found Ms Bickley was responsible for changing a transaction record after she learnt the account was being investigated. The change amounted to a $100 deficit in Halifax accounts.
Accounting records between January 2007 and May 2007 showed as much as $2118.25 could have been misappropriated, although Halifax accepted some accounting errors could have been innocently made.
Ms Bickley denied any improper behaviour.
In June 2007, Halifax dismissed Ms Bickley for serious misconduct.
In rejecting Ms Bickley's claim she was unjustifiably dismissed, the authority acknowledged it was anomalous that Halifax could justifiably dismiss the nurse, while falling short of being able to prove Ms Bickley took money she should be ordered to repay.
However, the authority's role was to scrutinise the reasonableness of the employer's decision, and it found Halifax acted fairly.
That was different from proving Ms Bickley took any particular amount on any particular occasion.
It said it was proven on the balance of probabilities that Ms Bickley took $100 from Halifax and she was ordered to repay that amount.
- NZPA
