Manager Reinstated After Code of Conduct Breach
📌 In brief
A manager was suspended and later terminated for accepting gifts from suppliers, breaching the company's Code of Conduct. After an appeal, the manager was reinstated with a warning and further education on the Code of Conduct.
⚖️ Legal holding
An employer may suspend and subsequently terminate an employee for breaching the Code of Conduct, but reinstatement may be granted if the employee shows contrition and the breach is not severe.
📖 Technical summary
A manager was reinstated after a disciplinary investigation but received a warning and further education on the Code of Conduct.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The appellant breached the Code of Conduct by not reporting the acceptance of gifts, which led to his termination.
- The appellant's disciplinary record was considered, noting a good record prior to the incident.
- The appellant did not actively seek the items and believed they were part of a promotion, which was taken into account.
- The case of wine was considered to be of minor value, and the appellant's contrition was acknowledged.
- The appellant's cooperation in the investigation and his honest contrition were considered in the decision to reinstate him.
❌ Tends to be rejected
- The appellant's argument that the gifts were part of a promotion and not of personal benefit was not sufficient to absolve him from failing to notify his manager.
- The appellant's request to retain his RISI Gold Card was rejected as he had not completed thirty years of service and was dismissed.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
Which laws or rules were applied?
The decision was based on the company's Code of Conduct and the principles of disciplinary action.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as the manager was reinstated with conditions.
What does this mean for someone in a similar situation?
Someone in a similar situation may be reinstated if they show contrition and the breach is not severe.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered, but it likely included the manager's contrition and the nature of the breach.