During the latter part of 2015, we chaired various disciplinary hearings on behalf of our clients. All were successful, (no comeback). I would like to highlight some of the problems encountered that could have been avoided.
A delivery truck of one of our clients (a small company) delivered their product to an international consumer goods factory. After delivering the goods the driver was given goods manufactured in the factory. There was no proof of payment, or a delivery note for these goods received. The driver maintained that his friend (an employee at the factory) bought the products and gave it to him. The products were stored in the tool box compartment of the truck. The security checked the vehicle but not the tool box. The driver then took the products and dropped them off at this house, before returning back to our clients own factory.
Our client did not want to involve the international company, as he felt that the incident may affect his business negatively.
The driver could not be charged with theft of the goods, as no proof was submitted that the goods were not sold to his friend and that he was thus conniving with his friend. Fortunately the witnesses to the case (co-drivers) were very good and consistent. The driver was therefore charged for gross miss use of company property which was proven beyond reasonable doubt.
If our client had a good long standing relationship with his client, a possible syndicate could have been exposed and both companies would have been able to rid their organization of a few bad apples.