4 example of bizarre dismissals involving theft at work
Dismissal is often justified when an employee commits theft at work. But what if the theft was reported by a ghost? Or if the item stolen was 180 kilograms of cheese on the side of a highway?
In this article, we explore some recent unfair dismissal cases from Australia and around the world involving theft. This includes some truly bizarre cases later in the article.
1. Worker dismissed for time theft wins over $6K at Fair Work Commission
The first unfair dismissal case we’ll look at is Nigel MacLachlan v Site Environmental and Remediation Services (WA) Pty Ltd [2024]. Nigel MacLachlan started working for environmental consulting firm Site Environmental and Remediation Services in February 2020 as an environmental technician.
In April 2024, he was issued a performance warning. The warning detailed expectations regarding the calibration of monitoring systems, the updating of checklists and the rectification of faults.
Mr MacLachlan was subject to a second performance warning in March 2024 upon returning from leave. This warning noted significant deficiencies in his work, including the handling of equipment and maintenance standards.
“Looked like sh*t:” Worker is fired
After attending a meeting with the company director, Mr MacLachlan was given three days to rectify the issues. During these three days, Mr MacLachlan provided a WorkCover medical certificate. The certificate said that he had been experiencing acute stress. His WorkCover compensation claim, however, was ultimately rejected in May 2024.
On the same day as Mr MacLachlan had issued the medical certificate, he was sent a dismissal letter by the company director. In the letter, the director claimed Mr MacLachlan had provided timesheets for hours he did not work.
An internal audit indicated discrepancies amounting to 44.65 hours of alleged time fraud over six months. An audit of the monitoring systems also revealed that two were unsecured and one “looked like shit,” the director stated. Mr MacLachlan subsequently lodged an unfair dismissal claim with the Fair Work Commission.
Employer argues case to Fair Work
The employer argued to the Fair Work Commission that Mr MacLachlan was fairly dismissed due to the timesheet fraud. The company provided data showing discrepancies in hours worked. The company also argued that even if this timesheet fraud allegation were not true, the termination would still be valid owing to Mr MacLachlan’s poor performance.
Fair Work Commission decides
At Mr MacLachlan’s unfair dismissal hearing, the Fair Work Commission took issue with the employer’s focus on the alleged timesheet fraud. It stated that “it would have been appropriate at least for the [Mr MacLachlan] to have the opportunity to address these issues.” The commission said that “if there were indications that the fraud was intentional, this may have supported the dismissal.”
On the other hand, the Fair Work Commission noted that the company had given Mr MacLachlan “multiple” warnings about his performance. Therefore, it should have sacked him for this reason instead.
The Fair Work Commission pointed out that the timing and context of the termination for timesheet fraud seemed overly harsh. It said that “the time theft discrepancy of 44 hours should have prompted [the employer] to at least inquire with [Mr MacLachlan] regarding how he had completed his timesheets.”
Ultimately, Mr MacLachlan’s sacking was found to be harsh and unjust. Site Environmental and Remediation Services was ordered to pay him $6,596 in compensation. This figure was determined based on the assumption that he would have likely been employed for an additional week. It also factored in three weeks’ notice and an extra week due to his age.
2. German police officer dismissed for stealing 180KG of cheese
Another recent unfair dismissal case involving theft at work made global headlines in August 2024. This time, however, the theft in question was over 180 kilograms of cheese. The cheese was stolen by a police officer in the Rhenish Palatinate, Germany. The officer, a member of the highway patrol, was fired from his position following the incident. He later made an unfair dismissal claim.
Circumstances around cheese theft
On 11 April 2019, the officer was called to secure the scene of a traffic accident in Rhenish Palatinate. Where a refrigerated container truck had overturned. According to court documents, the officer approached the site in a police minibus. He then requested that employees from a salvage company hand over several undamaged packages of cheese from the truck’s cargo.
Specifically, he took nine packages of cheddar cheese, each weighing approximately 20 kilograms, valued at around $900 Australian dollars. Despite claiming that he did not personally enjoy cheddar cheese, the officer took some of the stolen cheese back to his office. The court stated it was believed that he had retained “four parcels for himself or his friends and relatives.”
Unfair dismissal claim fails
In his defense, the officer argued that the cheese had little value due to a break in the cold chain. Which rendered it unfit for consumption. He contended that he had intended to rescue the cheese from destruction. However, the court rejected this argument. It stated that the act of taking the cheese constituted theft, particularly as he was on duty and in uniform at the time.
The court also noted that the officer had significantly harmed the reputation of the police force by using his position to facilitate the theft while at work.
“With this behaviour, the defendant seriously damaged the reputation of the country’s police force,” the court said.
The initial dismissal came after a regional court found the officer guilty of theft, issuing him a warning and a fine. However, the administrative court determined that the officer’s actions warranted a more severe disciplinary response, leading to his removal from service.
3. Domino’s delivery driver dismissed for theft wins over $9K
Another recent unfair dismissal case involving theft comes to us from New Zealand. The case involves pizza delivery driver Jake Pirret-Buik, who began working for Auckland-based Second Slice Limited in April 2023. The company is a franchised branch of Domino’s Pizza.
On 15 April 2023, Mr Pirret-Buik was involved in a transaction with a customer who experienced difficulties with an EFTPOS payment. After completing a delivery, he returned to the store and informed Nishi Gupta, the store manager, about the payment issue.
Following Mr Gupta’s instructions, he returned to the customer, who subsequently provided him with NZD $50 in cash to settle the transaction. Upon returning to the store, Mr Pirret-Buik handed the cash to Mr Gupta. However, the scenario took a dramatic turn when, just three days later, on 18 April, Mr Gupta contacted him and requested that he come into the store.
“You know what you did”: Delivery driver dismissed for cash theft at work
Mr Pirret-Buik arrived at the store expecting to discuss his employment contract but was instead informed that he was no longer employed by Second Slice Limited. Mr Gupta allegedly stated, “you know what you did,” implying a connection between the dismissal and the earlier cash transaction.
The employee told New Zealand’s Employment Relations Authority that “I felt she was firing me on the spot for implied false accusations.”
Legal proceedings
Faced with these accusations and sudden termination, Mr Pirret-Buik made an unfair dismissal claim through New Zealand’s Employment Relations Authority. He argued that he had been unjustly fired and claimed that the allegations of theft at work were baseless.
The Employment Relations Authority determined that Mr Pirret-Buik’s sacking was unjustified. It ruled that the absence of a formal employment agreement until the day of his dismissal severely undermined Second Slice Limited’s claims regarding the nature of his employment.
The authority stated also stated that concerns about the theft “were not put squarely to him for response.” Mr Pirret-Buik therefore was not given the chance to explain his side of the story.
“A conclusion about his employment was made without considering whatever response he may have had, given the chance,” the Employment Relations Authority said.
Worker wins unfair dismissal payout
As a result, Mr Pirret-Buik was awarded a total of NZ$9,863.22 or just under $9,000 Australian. This included NZ$8,000 for humiliation and loss of dignity. The Employment Relations Authority highlighted how the sacking had taken a toll on his mental health.
Following the decision Mr Pirret-Buik told New Zealand media that the sacking led to “a sudden slump in confidence.” He also said he experienced financial hardship as well as embarrassment over being portrayed as dishonest.
“It was not a pleasant experience going up against them legally,” he said. “But it is great that they have been held accountable and to have the truth out there so others can be wary.”
4. Worker at famous haunted house fired after accusation of theft from ghost
We can assure you that while extremely bizarre, this is not a made-up story of unfair dismissal, but one that made global headlines in August 2024. The story involves Brian Dansereau, who worked at Old Arnold Estate in the US state of Rhode Island.
Old Arnold Estate is an 18th century property that became internationally famous for inspiring the 2013 horror film “The Conjuring.” The film followed the haunting experiences of the Perron family during their residence in the 1970s.
The estate, steeped in history and legend, has drawn paranormal enthusiasts and investigators for decades. It was originally owned by John and Abigail Arnold in the 1800s. The property gained notoriety in the mid-20th century when the Perron family reported numerous paranormal experiences, including encounters with a spirit named Bathsheba.
Worker dismissed based on tip from ghost of John Arnold
Mr Dansereau began his employment at The Conjuring House in 2021, becoming one of the last remaining original staff members at the site. He was however fired in July 2024 by the current owner, Jacqueline Nunes, who purchased the property in 2022 for US$1.5 million.
Mr Dansereau was told by Ms Nunes that the spirit of John Arnold had accused him of stealing approximately US$3,000 while working.
“She said, ‘John Arnold told me you’ve been stealing money out of the cash box for the past two months.’ I literally stopped and I had to correct her like, ‘John Arnold, one of the original owners?'”Mr Mr Dansereau told US media.
Mr Dansereau categorically denied any allegations of theft while working. He claimed that not only were the accusations baseless, but he also alleged that Ms Nunes owed him US$9,000 in unpaid wages. He asserted that when he requested his final five weeks of pay, the owner refused, stating that Arnold had instructed her not to compensate him.
“For a spirit to go after a staff member in that manner, I’ve never heard of such a thing at any haunted venue let alone The Conjuring House,” Mr Dansereau told media.
He has since filed a complaint with the Rhode Island Department of Labor and Training seeking redress for his unpaid wages.
“Wicked actors and actions”: Owner believes ghost was telling the truth
Ms Nunes, who identifies as a spirit medium, confirmed that her decision to sack Mr Dansereau was influenced by what she described as guidance from the spirit world. She told media that “it does not matter whether you believe in the paranormal or not.” She said that everyone is “entitled to experiences that bring understanding and meaning to our lives, including being informed or warned about wicked actors and actions.”
But it’s not only evidence from the spiritual world that the owner is relying on to justify the dismissal. Ms Nunes claimed that she has documentary proof of the theft, including discrepancies in merchandise orders and cash sales. She also denied Mr Dansereau’s claims regarding unpaid wages
“He has been made whole when counting the stolen money as part of his compensation.” the owner said.
The owner also said that she will file a complaint against Mr Dansereau for defamatory conduct. This was due to his appearance in YouTube videos that aimed at discrediting her and damaging her reputation.
The dispute between Mr Dansereau and Ms Nunes remains unresolved.
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