Log in or become a subscriber

An employer that sacked three employees for misconduct, without investigating whether their actions were an accepted practice as they claimed, has been ordered to reinstate them with continuity of service and backpay.

In March this year, Rentokil Initial dismissed the three sales consultants, all of whom participated in a commission plan related to monthly sales targets, after discovering they had shared "sales credits" with colleagues the month before.

The employer considered their actions were a "deliberate falsification" of sales records and breached "company policy" and its code of conduct.

But in claiming unfair dismissal, the employees denied knowing of any policy that prohibited sharing sales credits, and argued that managers were aware of and condoned this "accepted practice"...