Can you dismiss an employee on suspicion of theft?
Yes. Normally, employers are expected to issue at least one warning before dismissing a member of staff for a first offence. However, theft is generally treated as gross misconduct, which is the most serious type of misconduct. However, that does not mean that you have to dismiss the employee.
How do you respond to someone who accuses you of stealing?
What should I do if my manager accuses me of theft? Politely say you promise you did not steal anything. Say there must have been some misunderstanding, or someone else must have done it. If there are recordings or any other type of evidence available, ask them to examine the evidence.
What happens when someone accuses you of stealing?
While the penalties you might face will vary with the amount of money or value of property you are accused of stealing–the more valuable, the longer the potential jail time–if you are charged with theft, prison is a possibility, as are fines.
Is theft a fair reason for dismissal?
Grounds for a fair dismissal If you have been accused of stealing at work, in order to dismiss you, your employer needs to have reasonable belief that the theft took place, and to have arrived at this belief after a reasonable investigation.
Is theft from work gross misconduct?
Theft in the workplace is usually considered an act of gross misconduct, which is generally considered a lawful ground for summary dismissal, ie dismissal without notice or payment in lieu of notice.
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.
Do you still get paid if you appeal a dismissal?
Yes. The effect of reinstatement is to treat the employee as if they had never been dismissed. The employer should therefore pay the employee any monies due for the period between dismissal and appeal, taking into account any sums paid by way of notice monies, and also reinstate pension and other benefit schemes.
What can you do if your employer accuses you of theft?
What Can I Do if My Employer Wrongfully Accuses Me of Theft?
- Verify the Exact Charge. Ask to talk privately with your supervisor and a representative from human resources to discuss the theft allegation.
- Refute the Accusation.
- Prepare Your Defense.
- Present Your Evidence.
- Secure Legal Help.
Can a theft cause dismissal in the workplace?
A dismissal will be rendered unfair if the employer failed to follow fair procedure before such dismissal, no matter how compelling the reason for dismissal may have been. 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.
Can a domestic worker be accused of theft?
The facts: Employer suspects that domestic worker has been stealing. Domestic worker however denies all accusations. Domestic worker agrees to leave, but without any notice period, and decides immediately to approach the CCMA regarding unfair dismissal.
What happens if an employee is found guilty of theft?
An employer whose employee has been found guilty of theft must take note of all the circumstances surrounding the theft. An employer must ensure that a proper and fair process is followed prior to the dismissal.
Can a company dismiss an employee for stealing a pie?
Summary dismissal is not always the appropriate sanction for petty theft. In the case of Nkomo v Pick ‘n Pay Retailers, where an employee was dismissed for stealing and eating a pie belonging to the employer, it was held that the employer should impose sanctions consistently, but should not be inflexible.