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Video surveillance successfully used to prove theft and justify termination

Written by: Sharlene Wellard

Article Overview: The recent unfair dismissal case of Whiting v Greenbank, the Commission found that the termination of an employee, who was accused of stealing $24.00 from the till, was not harsh, unjust or unreasonable.

Video surveillance successfully used to prove theft and justify termination

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.

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Article Tags: allegation, amount of money, balance of probabilities, blouse, denial, employment relationship, hr tips, inconsistencies, proceedings, reception areas, rsl club, shatters, shortfall, video footage, video surveillance, whiting



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