Employee used company equipment for private purposes, but no dismissal

Private use of company assets by an employee does not automatically lead to dismissal. In a recent case, the dismissal did not stand: there was no intent, and it was not clear to the employee that the employer viewed such a violation as absolute grounds for dismissal. The lesson: make your policy and its consequences crystal clear.

What was it about?

An employer wanted to dismiss an employee who had used company assets for private purposes. The subdistrict court did not agree. Two things were decisive: there was no intent, and it was not clear to the employee that the employer considered such a violation of the rules of use as grounds for dismissal.

No automatic grounds for dismissal

Private use of, for example, a company laptop, telephone, or car is not automatically grounds for dismissal. The judge takes into account whether there was intent, how serious the violation is, whether the policy was clear, and what consequences the employee could expect. A minor, non-malicious offense rarely justifies dismissal.

The importance of clear policy

If you want violations of the rules to have consequences, you must make those rules—and the possible sanctions—clear in advance. Establish what is and is not permitted regarding company assets, and that violations may lead to measures. Without that clarity, it will be difficult to rely on them later.

How do you stand stronger?

Include a clear regulation in a user agreement or employee handbook, communicate it demonstrably, and apply it consistently. Respond proportionally to a violation: often a warning is appropriate first, and only in the event of repetition or a serious offense should a more severe measure be taken.

Frequently Asked Questions

Am I allowed to dismiss someone for private use of company assets?

Not automatically. The judge takes into account intent, seriousness, the clarity of the policy, and the expected consequences. Often, dismissal is too severe.

How do I make my policy enforceable?

Establish the rules and potential sanctions in a user agreement or employee handbook, communicate them demonstrably, and apply them consistently.

What is a proportional response?

Often a warning first, and only in the event of repetition or a serious offense a more severe measure.

Are your policies and personnel files in order?

Our legal experts establish rules in your employee handbook and draft a settlement agreement . View our employment lawteam or schedule a free consultation.