Is it a misconduct if an employee's ex-wife receives gifts from the employer's services providers?

2 years ago
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Schwartz v Sasol Polymers and Others
Case number: JA46/2014 (2015) LAC 58
Citation: (2017) 38 ILJ 915 (LAC) (5 October 2015)

An employee's ex-wife received numerous gifts from the employer's service providers. Neither the employee's spouse, nor the employee, divulged these to the employer. The employer's Code of Ethics provided that the receipt of gifts from service providers must be approved by the employer.

The Labour Appeal Court considered:
WHETHER the employer's Code of Ethics was breached
WHETHER such breach was an act of dishonesty
WHETHER such dishonesty was of such a serious nature as to warrant the employee's dismissal.

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