Employee theft investigation? I'm writing a book, can you help?

Question

Hi, i'm just wondering what the process is when a terminated employee is investigated for theft. I'm writing a book and I want it to be as factual as possible.

(This is for Australian laws)

She was fired for an unrelated matter, if that helps. After they fired her, they wouldn't pay her wages, so she got the department of industrial affairs involved and sent an official letter of demand. Now her ex-boss has told her that she'll be paid, but they are going to investigate her for money that was stolen about a month beforehand. The boss had strong suspicions it was her, but did nothing.

I'm not sure if I want it to be an empty threat yet, but if not, I do want the story to be as realistic as possible.

What I specifically need to know is do the police question the suspect first, or do they review the video cameras first?

Answer 1

Ok, in Australia you can not be fired for stealing from major corporations like a bank.

I know someone who worked at Commonwealth Bank Australia (CBA) who stole large amounts of money by deception and by fraud.

The CBA then had to offer the employee counselling before they could fire her...

But thats another story...

It is illegal for any employee to retain wages or anyother entitlements such as annual leave etc upon termination.

The police can not interview you for a crime that they have no evidence of... So video footage would be helpful... But in saying that, video surveillance can not be used against an employee if they have not been told that the cameras are there for the purpose of monitoring the staff...

Most employees will be told that the cameras are in place for the security of the business.... not to monitor their dailt activities.

So basically, unless the employees were told that the cameras were monitoring them and their activities whilst at work, then the footage can not be used.

Also, should the footage have sound, then there is an even bigger problem. You can not tape a persons voice without their prior consent or knowledge that it may be used against them... thus the reasons a 'wire or phone tap' can not be used in court as evidence - unless under extenuant circumstances.

Also, in this day and age, if the company is a PTY LTD company in Australia, you would not complain to Industrial Relations... After all the IR law changes you would need to speak to the Workplace Authority.

Also, was there an AWA (Australian workplace agreement)?

If so, what were the conditions of employment set out in it?

One more thing... When you fire someone, you need to give them notice or severeance pay...

If the employee was with the company for under 12 months it equates to 1 weeks pay. If they were employed for over 1 year, it equates to 2 weeks pay.

Also, if you wanted to add a little more to your story, you could have her check her superannuation... Was it paid up to date? If not, she also has a claim to make on that issue.... That claim would be made at the ATO (Australian Taxation Office).

If the employer has been found to not have paid the super up to date then the employer could be fined up to $10,000 for failing to pay.

Good luck with your book