A dedicated pharmacy assistant has secured $24,000 in compensation following a successful unfair dismissal claim after allegations of stealing a few sweets during her shift.
The Accusation Unfolds
Cheryl Sazdanoff, employed at the Docs John Hunter Hospital Pharmacy in Newcastle since 2011, faced abrupt theft accusations in September 2024. Business owner Aleksandar Gavriloski confronted her, stating, ‘We’ve caught you stealing.’
He alleged she took items on four occasions, including a Byron Bay cookie, two chocolate hearts, a rainbow Nerd rope, and a packet of Curly Wurly Squirlies. Gavriloski briefly showed her partial CCTV footage that repeatedly froze and failed to load properly.
Despite the unclear evidence, Sazdanoff received instructions to attend a disciplinary meeting the next day. Shocked, she immediately paid for the accused items.
Disciplinary Meeting and Termination
During the meeting, Gavriloski demanded receipts for the confectionery. Overwhelmed and distressed, Sazdanoff explained that staff commonly consumed food items during shifts and paid later—or not at all beforehand. She noted sharing some items with colleagues, assuming they would cover the cost.
Gavriloski then issued a termination letter, citing serious misconduct due to theft. Sazdanoff denies any theft and maintains her dismissal was unjustified.
Fair Work Commission Ruling
The Fair Work Commission reviewed the case, with Commissioner Damian Sloan examining the CCTV footage. He determined Sazdanoff made no effort to hide her actions and had paid for the cookie. The footage did not prove intent to steal the other items.
‘The absence of receipts or other proof of payment for the items is not sufficient to establish an intention to steal,’ Sloan stated. He added, ‘I am not satisfied on the evidence that the employer established theft as the basis for summary dismissal.’
Sloan highlighted inconsistencies in treatment: other staff who consumed stock received warnings, while one was dismissed. Sazdanoff faced harsher consequences without justification.
Projecting she would have stayed employed for at least a year, Sloan ordered Doc Pty Limited to pay $23,960 plus superannuation.
