Discharge
without conviction is unlikely following theft as an employee regardless of how
small the amount stolen. Dishonesty goes
to character and potential employers are entitled to know this fact the High
Court ruled when confirming Jaspal Kaur Gill’s conviction for stealing $150
from a rest home resident.
Gill was caught
stealing from a rest home resident suffering from Parkinson’s disease. The resident told her nephew she suspected
money was being taken. He set up a
closed-circuit television system. After
$150 went missing recorded footage identified fulltime caregiver Gill taking
something out of her purse. Gill was
dismissed from her job. She pleaded
guilty to theft, asking for discharge without conviction saying a conviction
would prejudice her chances of re-employment in the industry.
The High Court
confirmed her conviction and sentence of $150 reparation plus 100 hours
community work. Discharge without
conviction is not possible in these circumstances, Justice Downs said. The offence was committed during her
employment when she was meant to be caring for her victim. Potential employers are entitled to be aware
of her criminal behaviour when deciding whether to employ her.
Gill
v. Police – High Court (21.11.17)
18.004