Stealing Hours

An employee is expected to attend at the workplace and perform duties during their normal working hours, and provide timesheets to show those hours.

A number of cases have arisen where the employee puts down start and finish times that are not correct and overstate the actual time they were in the workplace or even working. Being paid for time that the employee was not at work constitutes stealing and fraudulent behaviour.

Stealing is set out as serious misconduct under the Fair Work Regulations and justifies summary dismissal. However, as with all terminations it is essential that the employer carries out the correct procedures including,

• Meeting with the employee to set out the alleged misconduct,

• Advising the employee in advance as to what is to be discussed,

• Giving the employee the option of having a support person present), and

• Giving the employee the opportunity to respond to the allegations.

It should be noted that that many employers lose an unfair dismissal claim not because there was not a valid reason for the termination, but because they failed to follow procedural fairness.

If you have any disciplinary matters with your employees, it is best to get advice before you conduct any meetings.