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How to deal with dishonest staff

Once upon a time, if an employee was caught stealing in the workplace, instant dismissal would follow. Staff members caught red handed were found to have breached their duty of good faith to the employer; termination of service was an expected outcome. But these days, industrial legislation can protect even dishonest employees. Employers must, therefore, tread carefully when dealing with such staff members...

1. Stay alert.

Staff dishonesty is difficult to eliminate from the workplace; it is certainly difficult to detect. The natural loyalty of employers towards their staff often permits such crimes to go undetected. In most cases this loyalty is justified; however, when it is not, the resulting loss can be high for the simple reason that employees have easy access to cash, goods, or valuables. Stay alert.

2. Be scrupulously fair in any investigation.

Even if you believe that theft can be proven beyond doubt, a court could find the dismissal to be harsh, unreasonable, or unjust unless you have treated the employee with ‘procedural fairness’. To ignore this just process could mean that you may have to suffer dearly in terms of time, aggravation, back pay, damages and compensation, even continued employment, if the terminated staff member seeks court judgement on unfair dismissal.

3. Gather clear evidence of any dishonest behaviour.

Remember that, for dismissal, you will need to show:

  • that the theft was so serious that the employee should be no longer bound by the contract of employment
  • that the employee’s behaviour was not subject to any mitigating circumstances or alternative explanations.