Monday, July 29, 2024 Thou Shalt Not Steal Does getting caught for workplace theft mean dismissal? It depends Guide magazine Theft and other related forms of dishonesty are serious forms of misconduct in the workplace. Trust is essential in employment relationships, and theft breaks that trust. Historically, theft meant automatic discharge, regardless of the value of the items stolen. Today, arbitrators will often look at whether the trust relationship has been irreparably destroyed. The nature of the employer’s business and its vulnerability to theft are also important factors in determining whether termination or another form of discipline is appropriate. Before imposing discipline for theft, the employer must prove that the person both misappropriated property or money and that they did so with dishonest intent (deliberately, while knowing it was wrong). For example, an arbitrator may rule that an employee who steals because of illness or addiction does not bear full responsibility for their misconduct. But even if dishonest intent cannot be proven, an employer may still discipline an employee who acts dishonestly. Once it has been determined that the employee has committed theft, the facts of each case will determine the appropriate penalty. In each case, the question is ultimately whether trust can be restored. Genuine remorse and admission of wrongdoing are key to restoring the employment relationship. In those instances, arbitrators may substitute termination with other less severe forms of discipline. The retail, food service, and hospitality industries have many cases of theft. These industries typically have a zero-tolerance approach, and, while many arbitrators take an individualized approach (balancing the employer’s interests with what is just and reasonable for the employee), the traditional approach of automatic discharge remains influential. Because deterring other employees from stealing is important, the penalty for theft (even for items of little value) can be severe. A key factor within these industries is whether the employer had a clearly communicated and consistently enforced policy. The policy should set out expectations regarding the consumption of saleable items on the premises, the circumstances in which it is permitted, and the procedures for purchase or removal of product by staff. No matter which industry an employee is in, theft is considered a very serious breach of trust. To preserve your employment relationship, it pays to heed the eighth commandment: thou shalt not steal. 10 Factors That Affect Discipline for Theft Was there confusion on the part of the employee personally or resulting from the employer’s policies, or enforcement, particularly regarding the goods in question? Is theft a problem in the workplace? What has been the employer’s response to other instances of theft? Was the theft premeditated or the result of confusion or an impulsive aberration? What was the nature and seriousness of the theft (including the value of the goods)? Was the theft a single act or a pattern? What was the employee’s behaviour when confronted with the allegation, including admission or nonadmission of wrongdoing? If an employee fails to fully admit as early as possible, many arbitrators view this as evidence that the relationship may be irreparable. What is the employee’s character and reputation in the workplace and community? What is the employee’s seniority and employment record? What is the employee’s age and other circumstances (including any personal motivation for the theft)? You might be interested in Define Your Role to Define Your Success 14 Feb 2025 Maplecrest Employees Secure Retroactive Wage Increases with New Two-Year Contract 13 Feb 2025 Liftsafe Engineering Employees Overwhelmingly Ratify New Agreement 11 Feb 2025 School Bus Drivers In Fort Nelson, BC, Unanimously Ratify New Contract 11 Feb 2025