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Yes, they are investigating 'theft' - I'm sure there's not enough 'evidence' to go to court but I'm afraid the company will attempt dismissal because it's a bit embarrassing for them as these items probably should have been destroyed rather than get onto the market.
Yes it's possible that they could have been simply taken without payment, they weren't locked away, infact most of them went in the rubbish bin after people took what they wanted.
By any reasonable assessment, there would be very little of a case to answer, but I'm concerned this will be used by wannabe Perry Masons to sharpen their teeth within the company