Saul and Goonellabah Newsagency [2005] NSWIRComm 1165

Industrial Relations Commission of New South Wales

CITATION: Saul and Goonellabah Newsagency [2005] NSWIRComm 1165

APPLICANT Mr. Stephen Keith Saul PARTIES: RESPONDENT Goonellabah Newsagency

FILE NUMBER(S): 1396 of 2003

CORAM: Ritchie C

Termination of employment- unfair dismissal- whether termination harsh,unreasonable or unjust. Applicant terminated for stealing $300. Respondent had marked money in an ATM. Some of this money stolen. Charged by Police-found guilty by Magistrate. Appealed -appeal upheld by District Court.-reasonable doubt.-further evidence put before District Court. Onus on respondent to prove beyond the balance of probability that applicant stole $300-different test applies in civil case. Previous work history of applicant showing terminated for misconduct placed before Commission and not before District Court. CATCHWORDS: Applicant sought to blame a fellow worker for the theft yet did not question this worker whether he did steal the money in cross examination. Commission found that respondent had marked ten $50 notes. Commission found that $300 stolen. Applicant had the opportunity to steal money. Commission found that applicant had spoken to the other employee on the morning of the money being stolen. Commission found beyond the balance of probability that applicant had stolen the $300. Application dismissed.