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Gift with a hidden agenda
Carl, a branch manager at a restaurant, was responsible for arranging weekly work schedules for about ten employees. His subordinate, Charles, hoped to get weekends off to spend time with his family. However, the restaurant recently launched a popular dining promotion, and Carl planned to increase staffing on weekends to accommodate the higher customer volume.
To secure his desired weekends off, Charles devised a plan. Knowing Carl was passionate about collecting watches, Charles gave him an expensive watch for his birthday, hoping to win his favour and receive preferential treatment in shift scheduling. Touched by the gift, Carl made an exception and granted Charles his requested weekends off when arranging the work schedule.
Since then, Charles frequently requested Carl to adjust the shifts so he would enjoy day off on weekends. Carl found himself in a difficult position. Having accepted the watch from Charles, he was unsure how to refuse his ongoing requests.
Case Analysis
Carl, as the employee of the restaurant, accepted the watch from Charles as an inducement to abuse his authority by favouring Charles when arranging the work schedule without the permission of the restaurant. He might violate Section 9 of the Prevention of Bribery Ordinance (POBO) while Charles might also be guilty of the offence as the offeror of the bribe.
Although the watch was given to Carl on his birthday, it does not constitute a defence of offering bribes. If Carl accepted the gift in relation to his official duty without the restaurant’s permission, he would be liable under the POBO.
As a managerial staff, Carl should act as a role model and set a good example for his subordinates. Managerial staff should refrain from accepting advantages from their subordinates to avoid conflict of interest and any perception of bias, ensuring they can carry out their supervisory duties impartially. Charles’s behaviour caused unfairness to other colleagues and affect staff morale.