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Consequences of Breaching Company Policy

Not all breaches of company policy will justify firing the responsible employee. However, in instances where company policy is correctly applied, employees can pay the ultimate price.

Situation:

Sandra was an assistant store manager with a large drugstore chain and held key responsibilities in the day-day-to execution of store operations. When she was hired, Sandra was provided with a manual on store policies and practices, and the details were reviewed with her by her manager during her training process. Temptation got the better of Sandra on several occasions and she was observed, by store security cameras and staff, removing some cosmetic and hair care items to her car that were not checked out at the cash. Sandra’s explanation was not credible and she paid for her indiscretions by losing her job.

Sandra generally performed her management duties effectively, however on one occasion she forgot to activate the store’s security system before leaving one night. Although this incident was not viewed as the reason for her dismissal, it certainly supported the outcome. More significantly, Sandra was caught taking a few small items out of the store that she had not paid for and when questioned, she stated that some of the items were supplier samples. However, even when removing samples from the store, company policy clearly required all employees to seek permission from the store manager. Sandra could not justify why she hadn’t asked for permission and as a result, her employer fired her for just cause.

Outcome

At trial, the employer referenced its policies concerning removing items from the store, which stated that employees caught taking items without permission “will be subject to disciplinary action which may include termination, arrest and prosecution”. Further, it argued that even thought the quantity and value of the items that Sandra took were minimal, loss prevention is taken very seriously and Sandra had known and adhered to its policies before. In the end, the Court would likely find in favour of the employer based on the fact that Sandra knew, understood and consistently followed the policy to get a manager’s consent before taking any items from the store.



Author Resource:-

Bram Lecker is the author of this article on Employment Law.
Find more information about Toronto Employment Lawyer here.


Submitted 2010-08-04 09:50:29
By: B.A. Lecker 29 or more times read
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