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Five things to know about entrapping employees

by , 27 August 2015
Entrapment is when someone lures another person into committing a crime and is for the purpose of building evidence against her.

South African Labour Courts look into the evidence you gather from entrapment. But only if you used entrapment to prove an act that the employee would have committed anyway.

According to the case of 'Department of Public Works v Public Service Sectoral Bargaining Council 2012 5 BLLR 468 LC', there are six important points we can learn about entrapment:

1. Using a trap isn't always unfair because sometimes it can be the only way in order to catch a suspect.
 
2. If you don't have sufficient reasons to suspect that an employee has done something wrong, then you can't entrap her. 
 
3. That a fair trap can be admissible
 
4. Do not act unlawfully when setting the trap 
 
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5. If the suspected employee had really been led into temptation, the trap is unfair.
 
In other words, if the trap shows a natural tendency to commit a crime then she is not guilty no matter what.
 
So there you have it! There are five important points to remember when it comes to entrapping any suspicious employees in the workplace. 

To learn more, click below…
 

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