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Case Studies
The unspoken rule
Gloria, a regional manager for a chain retail store, was responsible for overseeing daily operations and staff management across multiple branches. Her duties included handling employee transfers, approving leaves, and recommending promotions.
Gigi, a sales associate, revealed that over the past two years, Gloria had repeatedly demanded gifts from her subordinates, including luxury handbags and jewellery. Gloria implied that only those who provided gifts would be considered for desirable positions, extended leave, or promotions. As a result, many employees, including Gigi, felt pressured to comply to avoid jeopardising their careers. Gloria viewed this practice as a usual way to foster friendly relationships with her subordinates and did not anticipate any problem with accepting gifts from them.
Case Analysis
Gloria might contravene Section 9 of the Prevention of Bribery Ordinance (POBO) if she, without the permission of her employer, the retail store, solicited and accepted gifts from subordinates for abusing her official duties to favour some staff members when arranging deployment, leaves or promotions. Subordinates who offered the gifts might also commit an offence.
According to Section 11 of the POBO, once an agreement to offer and accept a bribe is reached, both the offeror and acceptor of the bribe shall commit an offence even if the acceptor claims that he did not actually have the power, right or opportunity to do so, did not intend to do so, or did not in fact do so. Hence, Gloria and the subordinates who offered the advantages might still breach the POBO even if Gloria did not in fact show favour to them in staff management and the purpose of the bribery had not been carried out.
It is important for supervisors and subordinates to maintain a positive working relationship. However, supervisors must avoid blurring the lines between personal and official capacities by accepting gifts from subordinates. This could make them feel obliged to return the favour and ultimately hinder their ability to fulfil necessary personnel management and supervisory responsibilities. Gloria’s behaviour may attract criticism and dissatisfaction from other subordinates and colleagues, negatively impacting management effectiveness. Additionally, it can undermine employee morale and create an undesirable culture.