Unjustified dismissal: Delivery rider accused of theft awarded nearly $10,000

The Employment Relations Authority (ERA) has awarded nearly $10,000 to a delivery rider who was accused of theft as compensation for unjustified dismissal.

The decision comes after a series of events that saw Jake Pirret-Buik, a Second Slice Limited (SSL) rider, accused of mishandling customer payments, leading to his abrupt termination.

Pirret-Buik's employment with Second Slice Limited commenced in early April 2023, according to the ERA's document.

Initially, he was led to believe he would work approximately 30 hours a week, a claim disputed by his employer, which insisted he was a casual worker without guaranteed hours.

On April 7 and 8, he worked without a formal employment agreement, filling in shifts that had not been scheduled due to staffing shortages.

Theft accusations

The situation escalated on April 15, when Pirret-Buik made a delivery to a customer who had issues with an EFTPOS transaction.

After returning to the store and informing his manager, Nishi Gupta, about the failed transaction, Pirret-Buik returned to the customer, who paid him $50 in cash after the payment system failed. Gupta later accused him of theft, leading to a series of allegations about his conduct during the delivery.

On April 18, Pirret-Buik visited the store as requested by Gupta, only to be told by her that he was no longer employed. He alleged that Gupta implied he was being dismissed due to accusations regarding the cash transaction, leaving him shocked and confused.

Unjustified dismissal ruling

In its determination, the ERA concluded that Pirret-Buik was unjustifiably dismissed.

The ERA emphasised that Pirret-Buik had not been given a formal employment agreement until the day of his dismissal, undermining the company's claims regarding the nature of his employment. Gupta's failure to provide a clear explanation for the dismissal further compounded the issues surrounding the case.

"It was an unjustified dismissal. Whatever concerns SSL may have had were not put squarely to him for response," the ruling read. "A conclusion about his employment was made without considering whatever response he may have had, given the chance. He was treated unfairly as a result, losing the prospect of work over the following weeks."

The authority further found that while Second Slice Limited denied the claim of regular employment, the evidence indicated that Pirret-Buik had been working on multiple days, including April 7, 8, 14, and 15.

Pirret-Buik was awarded a total of $9,863.22, comprising $1,716.12 in lost wages and $8,000 in compensation for humiliation and loss of dignity. The ERA noted that the accusations made against him had a lasting impact on his mental health and personal relationships, marking the dismissal as not only unjustified but also damaging to his character.