775 Theft and other alternative allegations of misconduct

Description

Note`: This is the article on which the course is/ will be based

775P Theft and other alternative allegations of misconduct

Table of Contents

1. The definition of theft
2. Elements of theft

2.1        That it was the employee who stole

2.2        The employee appropriated the item

2.3        The item belonged to the employer or another person

2.4        Intention to steal

3. The impact of criminal proceedings
4. Defences

4.1        ‘It wasn’t me’

4.2        The item belonged to no one

5. Appropriateness of the sanction of dismissal for theft

5.1        Must evidence be lead that the trust relationship has broken down as a result of the employee’s misconduct?

5.2        Does the value of the item stolen matter?

6. Other forms of similar misconduct

6.1        Attempted theft

6.2        Misappropriation of property

6.3        Unauthorised use of company property

6.4        Removal of company property