An allegation of theft is a powerful accusation and one that should never be taken lightly. While an employer ordinarily bears no burden of proof at trial, the jury will look for the employer to prove an accusation of theft beyond a reasonable doubt.
What is a Fair Reason for Dismissal?
- Conduct. Conduct of an employee that may amount to misconduct, is behaviour of an employee that is not appropriate at the workplace or in breach of the employee's contract of employment.
- Capacity.
- Performance.
- Redundancy.
- The Process.
A person found guilty of theft from employer on conviction on indictment would be liable to a maximum custodial sentence of 7 years.
In NSW, one penalty unit equals $110. For example, if the value of the goods stolen exceeds $5,000 the maximum penalty is limited to two years imprisonment and/or 100 penalty units. Statute imposes a maximum of 10 years' imprisonment for larceny by a clerk.
According to South African law there are only three grounds for the fair dismissal of an employee, namely: the conduct of the employee; the capacity of the employee; and. the operational requirements of the employer's business.
For example evidence can be given through eyewitness testimony, physical evidence, forensic evidence, expert testimony or a case can be proven by circumstantial evidence. You do not have to prove anything, you are presumed innocent and the State must prove if they can the charges against you beyond a reasonable doubt.
Steps to follow when dismissing an employee
- Follow your disciplinary procedure.
- Take notes and gather evidence.
- Ensure you have a fair and valid reason for the dismissal.
- Take care not to discriminate.
- Invite the employee to a disciplinary meeting.
- Adjourn the meeting.
- Reconvene to communicate the outcome.
The simplest way to deal with a co-worker who steals is to arrange a private meeting with a supervisor. You can tell the supervisor what you witnessed and allow the supervisor to handle the matter. Reporting to a supervisor, though, can have some drawbacks.
Employee theft is defined as any stealing, use or misuse of an employer's assets without permission. The term employer's assets are important because it implies that employee theft involves more than just cash. In many industries, there are much more important things than cash that employees can steal from a company.
"An accusation of theft, if proven false, could lead to a defamation action. You need solid evidence, such as an eyewitness, before you can accuse an employee of theft. However, once a particular employee is suggested as the guilty party, the employer can then ask questions regarding that employee.
Time theft is when an employee receives pay for time they did not actually work. This is considered stealing company time. Time theft primarily applies to hourly employees. There are more ways for hourly employees to commit time theft than there are for salary employees.
For more serious cases, further disciplinary action may need to be taken. Falsifying time card data is a serious concern for companies today, and one that, in extreme cases, can even be considered a form of larceny –carrying the risk of potential jail time and fines.
An employer can generally terminate an employee for any reason or for no reason at all under the "at-will" employment presumption. Accordingly, an employer may discipline or terminate an employee for clocking out or leaving early.
