Is theft a sackable Offence?Asked by: Maureen Dach | Last update: February 19, 2022
Score: 5/5 (53 votes)
Regardless of your reasons, stealing is a sackable offence, and once you've already done it, you can't undo it. ... You will need to pay back what you've stolen, but it's better than facing jail time and expensive legal fees. What is this?
Can you be sacked for stealing?
In a nutshell, stealing from your employer can amount to gross misconduct. This means that you can be dismissed immediately and without notice, which won't bode well for future employment.
Should you fire an employee for stealing?
It is far better to suspend the employee pending the outcome. ... If all the evidence points to theft, but is not conclusive, an employee should not be told he is being terminated for "theft" or "dishonesty" or even "suspicion of theft." This does not mean the employee should not be terminated.
Is theft at work gross misconduct?
Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.
What happens when you get fired from a job for stealing?
The company you stole from could charge you with gross misconduct and has grounds to fire you immediately. Or you could face suspension, without pay, while the company conducts an investigation, in which case you could still be terminated or face a major demotion or transfer.
Criminal Law - Theft
Can you get another job after being fired for theft?
If you get fired for stealing and apply for another job and they ask for references and you give them, they may call the person and ask why they let you go. If they tell him why then most likely you will not get the job. And if you have an arrest record to boot, then he probably will not hire you.
Can you be sacked for stealing without proof?
You are not the criminal court so you don't need proof beyond reasonable doubt but you do have to have good grounds for believing that, on the balance of probabilities, this employee is responsible for the theft. This is a potential gross misconduct situation so dismissal is a possible response.
What is Sackable offence?
Examples of sackable offences
Aggressive or intimidating behaviour at work. ... Indecent or abusive behaviour in the workplace. Discrimination or harassment of another employee. Serious insubordination in the workplace. Serious breaches of health and safety requirements.
How do I dismiss an employee for stealing?
To dismiss the employee, a disciplinary hearing must be held and the employee must be given a notice to attend it. As part of this, the employer must decide what the allegations against the employee will be. The employee cannot just be told…. 'you have stolen from us'.
What are the consequences of employee theft?
Broadly speaking, consequences of victimization can be characterized as economic losses, physical experiences, and emotional tolls. All victims of employee theft experience economic loss (Green, 1997). These losses are clear and are determined by the amount of property the victim loses.
How common is employee theft?
Is your company a den of thieves? Shockingly, 75% of employees admit to stealing at least once from their employer. Whether it's a result of entitlement or just general dishonesty, employee theft comes in many forms and at varying degrees.
What is considered stealing in the workplace?
Employees may steal large amounts of money, workplace supplies, equipment or intellectual-property. Just as serious are employees who steal by completing inaccurate timesheets, claiming reimbursement for items not purchased, fraudulently transferring funds or misusing a corporate credit card, cheques or taxi vouchers.
Can I fire my domestic worker for stealing?
Domestic worker agrees to leave, but without any notice period, and decides immediately to approach the CCMA regarding unfair dismissal. ... Employers must make sure that they have definite evidence before dismissing or even just accusing an employee.
How do you discipline an employee for theft?
- Make sure your evidence is strong. ...
- You will probably want to terminate the employee immediately. ...
- Notify the police. ...
- Don't deduct anything from the employee's final paycheck. ...
- Don't discuss the situation with other employees or outsiders.
What to do if an employee is stealing from the company?
- Ask the employee to explain.
- Ask the employee to take a polygraph test.
- Decide whether to: press criminal charges. seek restitution. discipline the employee. fire the employee.
What is the consequence for stealing?
“Theft” is the act of taking personal property with the intent to deprive the rightful owner of the property. If you are found guilty of a theft crime, the conviction could result in many consequences, including fines, incarceration, probation, and a criminal record.
What are the five fair reasons for dismissal?
- Conduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. ...
- Capability/Performance. ...
- Redundancy. ...
- Statutory illegality or breach of a statutory restriction. ...
- Some Other Substantial Reason (SOSR)
Is theft grounds for immediate dismissal?
Theft is viewed by the courts as a serious disciplinary offence and normally justifies dismissal at first instance regardless of the value of the property involved. ... It has long been held that summary dismissal is the appropriate sanction for theft.
What are examples of serious misconduct?
Some examples of serious misconduct are theft; fraud; assault; discriminatory conduct; harassment; being intoxicated at work; refusing to carry out lawful and reasonable instruction that is consistent with the employee's contract of employment; failure to observe safety and specified work practices to just name a few.
Can you get fired for suspicion of stealing?
If you believe an employee has stolen from your company, you need solid evidence of the theft. Depending on the seriousness of the theft, you may find it necessary to temporarily suspend an employee while an investigation is conducted, but you cannot fire an employee simply based on suspicion.
What is the maximum sentence for theft from employer?
A person found guilty of theft from employer on conviction on indictment would be liable to a maximum custodial sentence of 7 years.
Can you accuse someone of stealing without proof UK?
Evidence may prove your suspicions to be wrong or they may prove them to be right. However, making an accusation of employee theft without substantial proof can leave you open for litigation. Suspicion is one thing. Solid facts are another.
How do you recover money from a stolen employee?
- Conduct a fair and accurate investigation;
- Discipline or terminate the employee;
- File a claim under the fidelity bond or employee dishonesty policy;
- Recover your loss against third parties;
- Obtain restitution through the criminal justice system.
How do you deal with being investigated at work?
- Keep your appointment with the investigating committee. Your manager, HR, and any other neutral party could be involved. ...
- Listen. ...
- Consult a lawyer. ...
- Share your side of the story and offer proofs. ...
- Do not retaliate. ...
- Ask to understand your options.
What is considered gross misconduct?
Defining Gross Misconduct
Examples of gross misconduct include: Fighting or making violent threats in the workplace. Stealing or vandalizing company property. Falsifying personal information or work history. Repeated tardiness or absences.