pufferfishnz Posted April 10, 2010 Report Share Posted April 10, 2010 i need this info pretty quick please... where can i find the info about theft as a public servant and also the penalities and consequences of doing this?? also any info about the penalities and consequences of being caught shoplifting. this is much appreciated!! Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted April 10, 2010 Author Report Share Posted April 10, 2010 please people....this is very important... i am trawling through the net and i cant find anything about penalities for theft as a servant and i NEED TO KNOW! Quote Link to comment Share on other sites More sharing options...
HaNs Posted April 10, 2010 Report Share Posted April 10, 2010 Depends on the situation, doubt there are hard and fast rules Quote Link to comment Share on other sites More sharing options...
smidey Posted April 10, 2010 Report Share Posted April 10, 2010 i would think that theft as servant would apply to all people rather than a separate one for public servants. what is the situation? Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted April 10, 2010 Author Report Share Posted April 10, 2010 yeah i do know about the way this has to be done, what to do and what not to do. but i would like to know if you do get caught and charged what happens? - Fine - Jail time - Community service also if you do have a criminal conviction for theft, does it stop you from going to any countries in particular? thanks Quote Link to comment Share on other sites More sharing options...
spoon Posted April 10, 2010 Report Share Posted April 10, 2010 "However, if the theft was theft as a servant, or out of a car or a receptacle such as a locked box then the maximum penalty is seven years imprisonment and the arrest can be made by a citizen at any time of the day or night." from http://www.netlaw.co.nz/Crime.cfm?PageID=283 Quote Link to comment Share on other sites More sharing options...
smidey Posted April 10, 2010 Report Share Posted April 10, 2010 but i would like to know if you do get caught and charged what happens? - Fine - Jail time - Community service also if you do have a criminal conviction for theft, does it stop you from going to any countries in particular? thanks all this depend on the offending, if you stole a choco fish not much of a penalty will be handed down, if you de-frauded a government agency for millions then quite a few compulsory early nights are to be expected. the entry into other countries is determined by them, canada has tough laws regarding that, where are you planning on going? Quote Link to comment Share on other sites More sharing options...
phoenix44 Posted April 10, 2010 Report Share Posted April 10, 2010 You need to give us more info. was it petty theft? was the theft of intellectual property, money or goods? was it more than one of them? was it a one off? did the crime take planning and thought? was the crime committed over a period of time? what is the nature of the employer? (eg. financial, retail etc). and yes, if you received a conviction that would rule out travel to quite a few countries - definitely canada and the USA; possibly even some of the EU. The AU authorities will ask the nature of the crime, and if it is driving related they won't care, but I am unsure about the other offences. I certainly would not rule it out. Quote Link to comment Share on other sites More sharing options...
Jennifer Posted April 10, 2010 Report Share Posted April 10, 2010 I know of someone (a kiwi who was born here to a mother who was American so she too is a US citizen) who was denied entry to the USA this year based on a minor drug conviction she got while she was in high school 20 years ago. Missed a family reunion for one relatively small offence years ago but despite an appeal the US immigration would not reconsider. Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted April 10, 2010 Author Report Share Posted April 10, 2010 I cant really say much as all of this is coming to light, but no-one really knows much about me or my job and where i work... so.... I am the manager of where I work so I am having to deal with this - thats why I am asking for advice. - it is stock from the store that is being theived. - it is a retail environment. - it has possibly been happening over a period of approx 2 years (the staff memeber has been with us for 2 years) - I believe I have substantial evidence of who it is and the stock missing help... I am not having much fun thinking about this, it an awful feeling that 1 of your staff members that you trust is taking from the store and making me look stupid. Quote Link to comment Share on other sites More sharing options...
Scottie841 Posted April 10, 2010 Report Share Posted April 10, 2010 If you are the manager and you have proof but do nothing you are considered guilty yourself if anyone else finds out. From what you say the only option would be theft as a servant. It is not shoplifting as they are in a trusted position so the penalty is a lot higher. Quote Link to comment Share on other sites More sharing options...
livingart Posted April 10, 2010 Report Share Posted April 10, 2010 i am sorry to say you have an obligation to report your suspicions to the owners and let the rest follow its due course it is not your responsibility for the effects of actions done by others in your place of work Quote Link to comment Share on other sites More sharing options...
phoenix44 Posted April 10, 2010 Report Share Posted April 10, 2010 Talk to your manager, like the regional or head of dept. or owner first. Your company should have a legal team, and you will need to take legal advice. You also need to KNOW that the employee in question is actually stealing, and provide evidence where needed. Quote Link to comment Share on other sites More sharing options...
Jennifer Posted April 10, 2010 Report Share Posted April 10, 2010 I had to deal with a similar scenario when I was managing a hospital back in the states. The employee was pretending to sell items to clients but was not cashiering the cash sales and instead pocketing the cash. Inventory was going missing as well, but it was not a huge amount of money (probably a couple of thousand dollars) and there were no restricted drugs or other hazardous supplies that were missing. After consultation with the board I elected to fire the individual without pressing charges. It would have cost a lot for the legal case and we would not have gained any recompense. It was hard, I had trusted them as a valued employee for a long time... Quote Link to comment Share on other sites More sharing options...
pufferfishnz Posted April 10, 2010 Author Report Share Posted April 10, 2010 yeah, ive had a couple of days to think about this, and it seems i have sufficent evidence, i have talk to my mum about it, and she seems to think that there is. I will be ringing my regional tomorrow (on a sunday, oh joy, she will love me!) to break the news. AAAAAAAAAAAAAAAAARRRRRRRRRRRRRRRGGGGGGGGGGGGGGGGHHHHHHHHHHHHHHHHH!!! this is the 3rd place i have worked at that has had company theft...omg do i know how to pick them or what! its also hard cos this person is a valued team member and has a high-ish position. Quote Link to comment Share on other sites More sharing options...
smidey Posted April 10, 2010 Report Share Posted April 10, 2010 don't stress about it, you have not done wrong but don't shoot first & ask questions later. get the facts etc & let the process hapen, that's all you can do. Quote Link to comment Share on other sites More sharing options...
Wok Posted April 10, 2010 Report Share Posted April 10, 2010 You need to do what is right. Quote Link to comment Share on other sites More sharing options...
alanmin4304 Posted April 10, 2010 Report Share Posted April 10, 2010 I had a friend (who unfortunately has since died) but was a private detective --ex sergeant in the police force, who used to spend a lot of his time dealing with this exact problem. It needs to be handled properly or your firm could end up in the industrial court for wrongful dismissal. You could consult the police and the employers federation or dept of labour for the right advice. Quote Link to comment Share on other sites More sharing options...
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