Bellhouse v Roads and Traffic Authority

[1996] IRCA 304

DECISION NO:  304/96

CATCHWORDS

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - employee borrowing money from float for personal use - whether SERIOUS MISCONDUCT in circumstances.

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Gooley -v- Westpac Banking Corporation (1995) 129 ALR 628

KATE ELIZABETH BELLHOUSE -v- ROADS AND TRAFFIC AUTHORITY

No. NI 4960 of 1995

COURT:       WALKER JR
PLACE:       SYDNEY
DATE:          10TH JULY 1996

INDUSTRIAL RELATIONS COURT
OF AUSTRALIA
SYDNEY REGISTRY

No. NI 4960 of 1995

BETWEEN:

KATE ELIZABETH BELLHOUSE
Applicant

AND:

ROADS AND TRAFFIC AUTHORITY
Respondent

BEFORE:     WALKER JR
PLACE:       SYDNEY
DATE:          10th JULY 1996

REASONS FOR JUDGMENT

Kate Bellhouse commenced employment with the Roads and Traffic Authority in February 1993, as a part time Customer Service Operator at the Moree Branch.  In June 1994, she was promoted to the position of driving tester and is qualified to test applicants for licences for cars, motorcycles, 3A rigid trucks, small buses and semi-articulated vehicles.

As a driving tester she worked in Moree on Mondays and for the rest of the week attended other outlying centres at Boggabilla, Boomi and Mungindi.  When the applicant attended the itinerant centres she carried with her a float of $150.00 in a tin for the purpose of giving change to customers.  At the end of each day she would balance the takings at the R.T.A office in the town, take the cash to the post office and convert it into a money order and return to Moree with the money order and cash tin with the $150.00 float and lock it all in the safe.  The applicant’s evidence was that she would usually arrive back to Moree at about 4.30 pm to 4.45 pm although she would often be later, and usually after the staff had left for the day.  

$20.00 FOR PETROL. 

On Wednesday, 13 September 1995, the applicant was required to attend Boomi as her part of her itinerant run.  She left her residence 15 kilometres out of Moree and drove into work in her own vehicle.  She then parked her vehicle in Moree and drove the R.T.A. vehicle onto Boomi.  She said in evidence that,

“That Wednesday morning I was coming into town I realised that I wouldn’t have enough fuel to get me back home in the afternoon.  I was worried about getting into town, didn’t think I’d have enough fuel to get back in the afternoon and thought, “I’ve got to get some money during the day before I have to turn around and go home in the afternoon.”

The reason the applicant did not have any of her own money was because she had made a loan to a friend the previous week.  Boomi, is a very small town and according to the applicant, does not have a bank so she was unable to access her account when she arrived there.  Although the applicant had been previously told she could borrow money from Marie Conroy or Clint Carter if she found herself short, these people were attending a…