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    Disciplinary action warrented?

    Hi

    An employee, who is employed since 2002, got since a few years more and more unrealiable in terms of quality and quantity of work delivered. The business is small and at first we asked him to check his work and be more focused. However his non-delivery and bad attitude escalated especially since end of last year. We had our suspicions that he does other work during our his work time and even after business hours and these were now confirmed.

    We also determined after we investigated files which he stored on our company laptop, but is exclusively used by him, that he accessed and copied internal salary data in the time period from 2004 - 2008. He still has had these stored on that laptop. He also copied and stored a propriety registration tool to register software users of our propriety software. However, we do not have proof that he sold and registered our software and received the money in his account.

    Can we still have a dispinary hearing regarding him accessing management PCs somehow and copy confidentials salary information, although this happened years ago (2004 -2008)? However he still had this data stored?

    Thanks very much for an answer. Regards Renate

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    You say "somehow" - perhaps u need to first find out how he did all of this and get proof.

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    Quote Originally Posted by HR Solutions View Post
    You say "somehow" - perhaps u need to first find out how he did all of this and get proof.
    These files are only stored on my computer. He either physically went to my computer in those days and got them, when I was not in the office. During that time we were only three people in the office and he was often on his own in the office. Or he accessed a backup, which might have not been secured.

    Regards Renate

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    What outcome are you looking for at the end of the day?

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    Any disciplinary action which is approbriate. I am just wondering if I can still have a hearing/enquiry even though it was done the last time in 2008, but he has had still this files stored on the company laptop he is using.

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    Bronze Member Brett Nortje's Avatar
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    Quote Originally Posted by renate109 View Post
    Any disciplinary action which is approbriate. I am just wondering if I can still have a hearing/enquiry even though it was done the last time in 2008, but he has had still this files stored on the company laptop he is using.
    Actually, you can take apart the computer to have the electronics assessed as to what came though the mother board and stuff. then, there is cell calls - they will show up as to who he was phoning or smsing and for how long.
    !! Going to my destruction !!

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    Quote Originally Posted by Brett Nortje View Post
    Actually, you can take apart the computer to have the electronics assessed as to what came though the mother board and stuff. then, there is cell calls - they will show up as to who he was phoning or smsing and for how long.
    Does a computer have logging software? I can't see how this is stored on the motherboard? For the cell the top forensic guys couldn't see what was on Oscar's cell as it was encrypted so this is a lot harder than it sounds?
    Only stress when you can change the outcome!

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    Bronze Member Brett Nortje's Avatar
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    Quote Originally Posted by IanF View Post
    Does a computer have logging software? I can't see how this is stored on the motherboard? For the cell the top forensic guys couldn't see what was on Oscar's cell as it was encrypted so this is a lot harder than it sounds?
    Well, every key stroke is stored somewhere, i remember hearing.

    With calls logged to these other 'business people' you cuold ask why he was phoning them? sounds like a suspicious thing, yes?
    !! Going to my destruction !!

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    Platinum Member sterne.law@gmail.com's Avatar
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    You can still hold the hearing for the offence of 2008, IF it only came to your attention now.
    the test is how long, once knowing of a possible offence, until action was taken.
    Too long is considered a waiver of the right to discipline.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Renate - if he accessed a backup which might not have been secure - then unfortunately you don't really have a leg to stand on.
    Why are you only visiting this now if it happened over 7 years ago. Why not concentrate on what he is doing now ..... is he working well or not / in which case address the current problem.

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