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Question
Posted by: Bobo | 2011/01/25

Ex Job

I used to do the company shopping at my ex job. Every month I would sign for a cheque which would get approved by the MD.

Before I quit the job - I have change worth about R1300.00 that I was suppose to have deposited.

I forgot about the money over the december period and actually used it.

I have promised to pay in next week monday 31st but they want to press charges against me calling it a " criminal case" 

i explained that they cant do that as i did not steal the money but they are insisting.
Does this company have the right to press charges against me for money that i did not steal?

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Our expert says:
Expert ImageLabour lawyer

Re: Ex Job

Everyone has a right to press criminal charges if they believe the issue is theft. However this does not mean that it is theft, it means they are merely accusing.

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5
Our users say:
Posted by: Labour Lawyer | 2011/01/28

Re: Ex Job

Everyone has a right to press criminal charges if they believe the issue is theft. However this does not mean that it is theft, it means they are merely accusing.

Reply to Labour Lawyer
Posted by: JT.CPT | 2011/01/26

Lets be brutaly honest here. You used the money you were supposed to give back and then when they contacted you, you promissed to pay back the full amount next week. I think if you are honest with yourself you can admit this much.

Unfortunately for you the company is well within their rights to file for criminal charges at the police. And all serious company''s have a zero tolerance policy around theft, it is the only way you can really protect the company''s interests. i have myself dismisse done of my subordinates fro attempting to steal a couple hundred rands worth of scrap metal and we have also laid criminal charges against him.

I would suggest talking to a lawyer as you may very soon need one.

Just remember stealing R1300 or stealing R100000 is all the same as it remains STEALING.

Reply to JT.CPT
Posted by: Snubby | 2011/01/25

If you gave the recon middle of November why didnt you pay it back then? Even if they only asked for it in the middle of December it is now nearly the end of January!
If you were well enough to do a recon and well enough to spend it " accidentally"  you should have given back what was not yours.
Just because you do not have an income does not mean you can spend other peoples money.
You said you"  forgot"  about the money over the December period even though they were in contact with you about the issue!!!!

Reply to Snubby
Posted by: Bobo | 2011/01/25

I was hospitalized for 3 weeks in November due to heart-attacks that I had been suffering since August.

They asked me to send a reconciliation of the shopping money which I did at the end of November. I got feedback from them in the middle of December.

Unfortunately - I did use the money as I did not have an income then but I dont have a problem paying them next week as its when I will be getting my first pay from my new job.

Reply to Bobo
Posted by: Snubby | 2011/01/25

Why are you offering to pay it back next week. lf you had just forgotten about it it would still be in your purse,wallet,pocket. If you have " accidentally"  spent it you can understand there position! You say this is your EX job how did they know they would get it back. Did they contact you about the money or did you contact them re your " mistake" .R1300 is quite a lot of money to spend that belongs to someone else. The money was never yours and no doubt they have sought legal advice l suggest you get yourself a lawyer asap.

Reply to Snubby

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