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Daytime theft—being paid while doing little to no work—can cost an employee dearly. In a recent case, it led to dismissal without a transition payment and without equitable compensation, because the conduct was seriously reprehensible. However, as an employer, you must be able to substantiate this properly.
What is daytime thieving?
Daytime thiefry is the deliberate wasting of working time: an employee does (virtually) nothing but continues to receive payment. This can range from consistently starting much too late to doing nothing for hours or committing fraud with recorded hours. It damages trust and can have serious consequences.
Dismissal without compensation
In a recent case, an employee was dismissed for petty theft without entitlement to a transition payment or equitable compensation. The reason: the conduct was seriously culpable. Normally, an employee is entitled to a transition payment upon dismissal, but in the case of seriously culpable conduct, that right may lapse.
You must be able to prove it
Whether dismissal without compensation succeeds depends on your substantiation. You must make it plausible that the employee deliberately and systematically wasted working time, and that he can be seriously blamed for this. An isolated, minor transgression is insufficient for this; therefore, build a solid case file with concrete facts and evidence.
Handle with care
If you wish to take action against day-picking, proceed carefully: document the facts, apply the principle of hearing both sides, and choose the correct course of action. A hasty or poorly substantiated approach may still lead to compensation or reinstatement of the employment contract. Therefore, seek advice.
Frequently Asked Questions
Can petty theft lead to dismissal?
Yes, and in the case of seriously reprehensible conduct, even without a transition payment or equitable compensation. You must, however, be able to substantiate this properly.
Is the transition payment always forfeited in the event of dismissal due to day theft?
Not automatically. The right to the transition payment may only lapse in the event of seriously culpable conduct.
What do I need to substantiate this?
A solid file with concrete facts and evidence that the employee deliberately and systematically wasted working time.
Taking action against misconduct at work?
Our legal experts and lawyers review your case and draft a settlement agreement . View our employment lawteam or schedule a free consultation.
