Ms Whiting had worked for Greenbank RSL Club, since 2003. Ms Whiting’s duties included working at one of the club’s reception areas that was similar to a bottle shop. When the till was found to be out by $24.00, the employee who had been on duty claimed that that the shortfall was because a customer had changed their mind about a purchase. The employer used a security video as part of its investigation into the shortfall but refused to allow the employee to view the surveillance. The video footage appeared to show Ms Whiting removing something from the till after a $24 transaction and shortly after that putting her hand up her blouse. Following the investigation Ms Whiting was instantly dismissed for theft. Ms Whiting then commenced proceedings in the Commission claiming the dismissal was unfair.
The Commission used video surveillance to resolve some of the inconsistencies between the Club and Ms Whiting’s version of events. The Commission considered a range of factors such as the video footage not supporting the employee’s claim that she opened the till in order to count money and the customer’s denial that he changed his mind about his purchase. These factors were considered on the balance of probabilities to support a finding that the employee did in fact steal money from the till. The Commission considered the procedure followed by the Club in investigating the allegation. In this case the Commission found the Club’s procedure to be slightly flawed because it refused to allow Ms Whiting to see the video footage, but as a whole, she was given an opportunity to tell her version of events. Even though the amount of money stolen was small, the Commission noted that misconduct involving stealing shatters the trust an employer has in their employee. This trust is at the core of the employment relationship.
HR TIPS
- Employers should put all information to employees and allow the employee to respond before making the decision to terminate the employment. Putting all information to an employee does not require an employer to show an employee any reports that it has prepared when investigating the matter or any evidence (including video footage) that the employer has gathered.
- To be able to rely on video surveillance in court proceedings, employers should ensure that prior to installing the camera equipment or filming that they comply with the relevant State workplace surveillance laws.
Video surveillance successfully used to prove theft and justify termination - To learn more about this author, visit Sharlene Wellard's Website.
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Sharlene Wellard
(Visit Sharlene's Website)
Sharlene joined Australian Business
Lawyers in February 2000. She spent the
previous five years advising and
representing employers in the hospitality
industry on a broad range of industrial
relations, employment services and
training issues.
While working with Australian Business
Lawyers, Sharlene has acted for employers
in a wide range of industries including
manufacturing, pharmaceutical, clerical
and retail.
Sharlene is an experienced advocate and
advises and represents clients in many
areas of industrial relations and
employment law, including industrial
disputes, enterprise agreements,
underpayment claims, unfair contracts and
unfair dismissals. She provides strategic
advice to employers in relation to
managing workplace change, including
advice in the areas of restructuring,
redundancies, drafting and implementing
policies and employment contracts.
In August 2005, Sharlene was elected to
the Executive Committee of the Industrial
Relations Society of New South Wales, and
in August 2006 she became the Assistant
Secretary.
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