A pharmacy assistant unfairly dismissed for allegedly stealing a few sweets, including a cookie and Curly Wurly, secures $24,000 in compensation from the Fair Work Commission.
The Accusation and Dismissal
Cheryl Sazdanoff, employed at the Docs John Hunter Hospital Pharmacy in Newcastle since 2011, faced abrupt theft allegations during a September shift last year. Business owner Aleksandar Gavriloski confronted her, stating, ‘We’ve caught you stealing.’ He accused her of taking items on four occasions, such as a Byron Bay cookie, two chocolate hearts, a rainbow Nerd rope, and Curly Wurly Squirlies.
Gavriloski briefly displayed partial CCTV footage that repeatedly froze and failed to load properly. Despite this, Sazdanoff received instructions to attend a disciplinary meeting the next day regarding claims she consumed stock without payment. Shocked, she immediately paid for the accused items.
The Disciplinary Meeting
During the meeting, Gavriloski demanded receipts for the confectionery. Sazdanoff described feeling overwhelmed, distressed, and intimidated, hindering her ability to respond fully. He then issued a termination letter, citing theft as serious misconduct justifying immediate dismissal.
Sazdanoff denies any theft, noting that staff commonly ate food items during shifts and paid at the end, if not sooner. She shared some items with colleagues, assuming they would cover payment.
Fair Work Commission Ruling
Commissioner Damian Sloan examined the CCTV evidence and determined Sazdanoff made no effort to hide her actions. Footage confirmed payment for the cookie, while clips of other instances lacked proof of theft intent.
‘The absence of receipts or other proof of payment for the items is not sufficient to establish an intention to steal,’ Sloan stated. He concluded, ‘I am not satisfied on the evidence that [the employer] has established that Ms Sazdanoff engaged in the theft which was the basis for her summary dismissal.’
Sloan highlighted that other staff consumed stock without facing similar consequences. Gavriloski testified that one employee was dismissed around the same time, while others received warnings based on incident frequency. ‘Given my findings above, [the employer] treated Ms Sazdanoff more harshly than her co-workers, without apparent justification,’ the commissioner noted.
Compensation Awarded
Sloan ruled Sazdanoff likely would have remained employed for at least one year. He ordered payment of $23,960 plus superannuation, totaling approximately $24,000.
