Regrettably theft in the workplace is a common and serious problem. The employer’s records may show that stock, materials or other assets are going missing – and it can only be an inside job. But how it’s happening and who are the culprits?
How does the employer catch the thief – or the network of thieves without tipping them off and running into legal problems later? Informers, anonymous hotlines and closed circuit surveillance camera are good options – so too is setting trap…if it’s done properly.
The courts have observed that law enforcement would be impeded if evidence from traps was never allowed. So traps are permissible but the court will examine them very carefully to ensure there is no unfairness.
“Entrapment” is the legal term which describes a situation in which an employee is lured into committing a crime with the specific purpose of securing a conviction. The Labour Court has found that a trap will be unfair if –
- the trappers don’t have reasons to suspect the employees concerned are
involved in some form of misconduct when the trap was set;
- the trappers go further than just providing the employees with the
opportunity to commit the offence; and
- the use of the trap was not justified by the employer’s operational
requirements.
The trap will most likely be fair if the investigator merely presents the employee with the opportunity to commit an offence – especially if there is a history of theft.
TIP: The employer must not create a situation in which the employee is put under pressure or incentive of any sort to commit the offence.
