WORKPLACE THEFT

Theft is devastating for any business – both financially and emotionally. Every year, retailers lose an estimated $4.5 billion to shrinkage, with 55% of this loss due to internal fraud and administration errors. Internal theft or fraud trends can be something business owners – smaller operators in particular – are reluctant to think about.

Even if you were to catch an employee stealing red-handed, there are still legal procedures you need to follow to ensure procedural fairness. Terminating an employee reactively upon discovering theft is ill-advised – undertaking a procedurally fair process is key to managing your legal risk. The worst-case scenario is that you may have judged the situation incorrectly and then be accused of an unfair dismissal, breach of employment contract or defamation.

We can help you

conduct workplace investigations

So, what should you do if you suspect or have caught an employee committing theft? Getting expert legal advice to determine the best way forward and whether the police should be contacted is highly advised. A lot of cases will warrant a professional and impartial workplace investigation that is often time-consuming, labour-intensive and best handled by legal experts.

NRA Legal’s experienced employment lawyers are ideally placed to undertake an impartial investigation as required by your business. Whether it’s a simple matter of 'he-said, she-said' or a forensic analysis of financial and technical data and everything in between, we’ll give you the confidence that the right questions have been asked and an evidence-based conclusion is reached.

We offer impartial and professionally conducted workplace investigations for businesses big and small. Let us handle cases of theft for you.

1800 572 679

Frequently

asked questions

What can be considered as workplace theft?

Theft, or stealing, is a broad term for criminal offences that involve dishonestly taking the property of another or converting it to the offender’s own use or the use of another.

Workplace theft occurs in many different forms, including taking physical cash, goods or equipment from the workplace, or obtaining payments by fraudulently mis-recording transactions, work hours on timesheets or other accounting procedures.

Can I dismiss my employee if I have solid evidence of them stealing?

Theft is considered serious misconduct which can be a valid reason for taking disciplinary action, including dismissing the employee, potentially without notice.

However, employers risk liability for unfair dismissal if they have insufficient evidence to support the allegation of theft. A workplace investigation is normally required, and the employee must be given procedural fairness throughout the process. Legal advice should be sought before taking any action.

Should I call the police if I catch an employee stealing?

Depending on the circumstances, workplace theft can range from trivial to serious. As in other contexts, police should be involved at an early stage where the alleged theft may amount to a serious criminal offence.

The police will conduct a separate investigation and the employer will need to communicate and cooperate closely with the police. The employer’s internal investigation will still be required to give procedural fairness to the employee when undertaking any disciplinary action.