4.1.Oryan heeft betoogd, zakelijk weergegeven, dat [verzoekster] eerder is
aangesproken over geld dat werd verduisterd en toen is gewaarschuwd dat dat niet meer mocht gebeuren, maar dat direct voorafgaande aan het ontslag op staande voet is gebleken dat [verzoekster] geld, met name fooien, heeft verduisterd.
Oryan heeft gewezen op een WhatsApp-bericht van 25 april 2025 van medewerkster [Medewerkster 2] een de eigenaar van Oryan, luidend:
”Sorry to bother you
But just to let you know, I ordered something from [verzoekster] for myself for business purposes since April 12th and she told me yesterday that she was cancelling it without real reason, the package was supposed to arrive yesterday. So I am asking her to refund me, (…). She says it will take a week to refund me, I am waiting to see because I don’t trust her.”.
Oryan heeft gewezen op een WhatsApp-bericht op of rond 18 mei 2025 van medewerkster [Medewerkster 3], luidend:
“On the other hand, they’re not stealing cash tips. Last week, I checked. I had left a cash tip in the envelope. The next day when I tried to claim it, [verzoekster] told me there was nothing. What’s happening is very embarrassing, but I can have a full schedule and when I try to claim tips, I can’t find anything when [verzoekster] is the receptionist.”.
Oryan heeft verder gewezen op schriftelijke verklaringen van therapeut [naam] en van medewerkster [Medewerkster 1], respectievelijk luidend:
”1. On Juni 2nd, 2025, I had a message appointment at 10:00 AM with a client named [naam klant] (…) and the client tipped as usual.
2.
Later that same day, I noticed that the appointment had disappeared from the system. It was n longer showing in the schedule, even though the treatment had taken place and the client had paid.
3.
I brought this concern to the owners, asking them to investigate why the appointment was missing from the Fresha system.
4. After reviewing the system, the owners determined that someone had internally deleted or manipulated appointments, specifically cash-paying appointments.
”I, [Medewerkster 1], employed at Sunset Spa, state the following based on my personal observations and direct experience during my employment:
1.
Throughout the period when [verzoekster]. worked as the receptionist at Sunset
Spa, I personally observed repeated issues involving missing money from the spa, including employee tips and end-of-day cash totals.
2.
On multiple occasions, therapists approached me and complained that their cash
tips were missing from the designated envelopes. These complaints consistently occurred after shifts where [verzoekster] was working at the reception desk.
3.
I also noticed several days where the end-of-day cash amount did not match the
amount that should have been in the register. Those shortages were repeatedly linked tot the days when [verzoekster] was responsible for closing the register.
4.
The pattern became clear: whenever [verzoekster] was the one handling the
reception, therapists were reporting missing tips, and the cash totals at the end of the day frequently did not add up.
5. More than one employee came to me directly and expressed concerns about missing money, stating that this problem only happened during [verzoekster] shifts. These concerns were consistent and repeated over time.
6. On June 3rd, 2025, I was present at the (…) management instructed me to bring
[verzoekster] to the office so the owners could speak to her about her findings.
7. During that conversation - which took place over speaker/video call on my
phone - the owners clearly explained tot [verzoekster] the reasons for her immediate termination, including:
missing tips reported by several therapists,
missing end-of day cash totals,
deleted cash-paying treatments from the system,
and other financial irregularities tied directly to her shifts.
8. [verzoekster] was told clearly and directly that these actings represented a serious breach of trust and that she was being terminated immediately.
9. [verzoekster] became upset, raised her voice, and refused to cooperate. She left the office while the owners were still talking and stated she would return the next day, even after being informed that she was no longer employed.
10. This statement is a truthful and accurate account of what I personally witnessed regarding missing money during [verzoekster] time at the reception, as well as what took place on the day she was informed of the reasons for her termination.”.
Tot slot heeft Oryan verwezen naar een uitdraai uit het Fresha-systeem met betrekking tot ”appointment-activity.”