One question ❓ If a personal belonging is in the rubbish bin and you think I'll leave it in their premises for 1 week

Expert's Assistant chat

Customer: Hi Pearl, one question ❓ If a personal belonging is in the rubbish bin and you think I'll leave it in their premises for 1 week just in case someone claims it. No claim had been made. So took it home. Then a person approached to make a claim and told them that I had taken it home. Is this theft?
JA: Hi. The Lawyer can help you determine if you have a case. Where are you located? These laws vary by state.
Customer: Sorry I'm in New Zealand
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No that's all

Answered by Chris The Lawyer in 1 hour 12 months ago

Chris The Lawyer

10+ years of experience

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Chris The Lawyer

41368 Satisfied customers

10+ years of experience

Chris The Lawyer

10+ years of experience

41368 Satisfied customers

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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellingtonwith more than 42 years of experience. I am here to help with your questions.

Chris The Lawyer, Expert

You cannot take something and assume that you can keep it. if someone has discarded the item, so that is obviously abandoned, then it does not automatically become your property. However in practical terms if it is abandoned and you keep it, it is difficult to see how that could be an issue. It may come down to the value of the item

Customer

Hi Chris, thank you for your reply to my question. I'm in the wrong. And will be changed with theft. Apparently the bag that was discarded was of value. Approx.$200 had I kept it in the cleaners cupboard this would not of been an issue. I did leave the saidbag in the cleaners cupboard for a week. Hoping someone would come and claim it. Obviously a staff member did approach me 2 weeks later. He was happy that I didn't dump it into their rubbish bin and was surprised that I had kept it. The staff member even told me that he would give me a gift. I turned this down. I told him that I would bring it to him the next day. This didn't happen as my boss received an email which I have not seen stating that I had taken the bag without permission and that I am not allowed to visit any of the sites that I clean. A disciple meeting has been set for this Thursday. This is the first time I have ever been accused of theft. Have worked as a cleaner for 20years. No claims from other employers. Worked for small companies to large Colleges.

Chris The Lawyer, Expert

You do have a problem and need to apologise and present your explanation. This may lead to dismissal unf

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