in this video I want to take a look fraud in the workplace this video I
suppose is really aimed us the employer and what he or she should be doing if
situation fraud occurs in the workplace it's an awkward one because the advice
is conflicting from you know person to person as to what you should do and
under the argument that if their regards are involve this there's a criminal
prosecution or investigation going on then you can't do anything but that's
not really the case and hopefully in this video I'll give you some tips or
some guidance as to wash is the best way to deal with fraud in the workplace so
what is fraud what fraud is an intentional act of disease with the
objective of gaining an unlawful advantage if it's not intentional may
just be a case of incompetents inadvertence or negligence examples of
fraud will be dipping the tail in a retail environment failing expenses
clocking in or clocking out wrongdoing or fiddling you know work patterns or
the hours worked and so on so if you're the employer you certainly need to be on
solid enough ground in terms of being fraud rather than just stupidity or
unintentional mistake deploy your goal then if situation of Florida cause is
really want to remove the employee from the work work case and number two is to
gather evidence the reason you're going to gather evidence is essentially
because you're going to invoke the disciplinary procedure in the workplace
which you should have and it's at times like these that you'll be glad that you
did have a disciplinary procedure if you do invoke the disciplinary procedure and
I would strongly advise that you do is the facts support on the balance of
probability that today is perhaps a case of an instance of gross misconduct well
then it never will be a situation for summary dismissal now you need to be
careful about that clearly if somebody is fraudulently
feeling from you well then it could well be a case for gross misconduct because
essentially the necessary trust and confidence is going to be gone between
you and the employees it's clearly glad to say to have a disciplinary procedure
in workplace but you need them in us too when invoking is to go the strongest
clearest allegations that do not require extensive documentation witnesses or
time so these will be sample allegations so if you are suspicious about for
example in a retail environment and I'll just focus on that for the moment for
the purpose of this video if you see ten instances of situations where you
suspect the employee may have taken stock or taken money but you know six of
them are going to require further investigation documents witnesses time
etcetera and not clear crush would you have for clear course allegations or
then you're better off probably going with the for clear-cut ones out of the
sand out of the ten in order to progress your investigation progressive
discipline procedure suspend the employee and ultimately take actions the
question then arises whether you should report to the guardian or clearly if
there's a situation an allegation of theft then that's something for yourself
but it's certainly an option it will depend obviously on the seriousness of
the fraud and the amount of money involved you do need to bear in mind as
well that you need to send out a message to other employees in relation to
copycat acts because if you don't treat it seriously if you don't reporters that
may be leaving yourself open to other employees and following the example and
on the basis does you don't really cook go down too hard on them on the employee
and you don't report it to the dirty so that's something to consider in the high
court in 2015 in a case involving a nun post worker there was an investigation
by the daddy and their work at this if a procedure the unposted work will try to
prevent adjunct and stop the discipline
procedure on the basis that was a criminal prosecution or investigation
ongoing and he was entitled to await the outcome of the criminal proceedings
however the high court held that his body in order acceptable for the
employer to proceed with the disciplinary procedure collects it was
manifestly unfair even where even in circumstances were a criminal
investigation or prosecution is ongoing what you want to do though obviously
would any disciplinary procedures and sugar fair procedures natural justice so
you make sure that you follow your own disciplinary procedure in the workplace
ensure that the employee gets fair procedures and natural justice and if
the employee goes out sick and particularly if he or she produces north
indicating that he or she is suffering from stress then I recommend that you
get professional advice my name is Terry gory solicitor and field in Cantonese I
do quite a bit of employment law my website employment rights arrogant which
you can see on the screen there the URL contains quite a lot of information
about employment law in ireland and i also have a youtube channel which I
think you'll find useful if you find this useful give us a thumbs up please
thank you