Are you prepared for and aware of the steps to take when you suspect an employee?
Dealing with theft in the workplace is not as straightforward as: "BAM! Here's the evidence. Okay, you're fired!"
Nope. You need to handle each case of suspected theft very carefully.
Theft in the workplace is when an employee takes something that doesn't legally belong to them. Whether they keep it for themselves, plan to sell it, or do something else other than having the intention to return the goods, you can consider it stealing. It doesn't matter if it's stationery or money, stealing is stealing. An employer has to be able to trust an employee - dishonesty has a way of making a workplace uncomfortable...
Read: The legality of bag searches in the workplace
The company has to know what to do when an employee is suspected of stealing as this will ensure that the matter is dealt with effectively. And if by chance the case ends up at the CCMA, you'll no doubt have all your ducks in a row.
Here's what to consider:
Follow company procedure to the tee
If you don’t have one in place you should stop reading this article and draw one up as soon as possible. The company disciplinary code should contain a clause that considers theft a serious offence. You have to clearly state that theft is an offence that results in immediate dismissal.
Then, before you take any actions, ensure that you have all your facts in order.
Prepare for the confrontation
Keep the interaction as formal as possible. You must choose your words carefully and contain your emotions. State the facts clearly. Ensure there's a witness present, or better yet, ask your lawyer to attend too.
When should you call the police?
Keep in mind that if your employee is arrested, they'll remain an employee until they can attend a disciplinary meeting. If your employee is in jail, you'll be unable to invite them to the hearing, hold the hearing in their absence, and it'll be procedurally unfair to dismiss them. It is advised to hold the disciplinary hearing first, and allow the chairperson to make a ruling. If found guilty, you can dismiss the employee and then contact the police.
With that said, if the stolen item is dangerous (ammunition), harmful (drugs), poisonous or very expensive, you should call the police immediately. Ensure that the employee is removed off company property as soon as possible - you can make dismissal arrangements later.
Prepare for a CCMA case
Your (former) employee has every right to dispute your accusation, ruling and the entire process by lodging a complaint with the CCMA. The task now lies with you to prove that the employee was fairly dismissed to prevent a CCMA ruling that sees the employee reinstated.
• Consult a lawyer
You might think you have foolproof evidence and a watertight case but it's still better to get a lawyer on your side. In fact, you should consult with an attorney even before confronting and dismissing the suspect. Taking steps without legal guidance could come back to haunt you. And do not forget to document absolutely everything.
• Punishment must fit the crime
After you review the crime and evidence, think about what you'd like the outcome to be: unpaid leave, suspension, immediate dismissal, and/or criminal charges? If your evidence is questionable, you can confront the accused employee and demand an explanation. It would be best if you prepare to hear a sob story and not allow it to affect your professionalism and fairness.
• Be consistent
All theft cases handled by your company should prove that you treat all of them equally. Leniency towards one and not another could hurt your case. Even if the CCMA eventually finds that the employee is guilty of theft, you might still have to reinstate them on the grounds that you've handled a previous case differently.
Read: Issuing warnings in the workplace
• The aftermath
The office rumour mill is going to churn out lots of flavour filled renditions of the entire event and you'll have to decide how much to disclose. It is probably time to up the security slightly to help all employees fight the temptation of repeating the infringement. Not only that, but it will protect the innocent from having their belongings at the mercy of long fingers. Most importantly, you'll have to continue trusting the rest of your employees and not punish them for another's actions.
To ensure that you're always taking the correct step as a leader at your company, arm yourself with more labour related management advice.