Untrue information in sales

Becky worked in an electronic appliances distributor. She was asked by her boss to mislead customers to believe that they had the goods in stock. Should Becky listen to her boss and lie to the customers?
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After graduation, Becky worked in a company that distributed electronic appliances.  When customers phoned the office asking for information on certain electrical appliances, Becky would look up the model, the price, and the inventory level in the computer database.  The boss always instructed Becky to tell the customers that they had the goods in stock, even if it wasn’t true. The boss explained that this tactic was to secure the orders first even when the required model was certainly out of stock in the market.  He argued that, as long as the customers did not know the stock situation, it was no harm for customers to wait and new models could even be suggested while they were waiting.  This stalling tactic was better than letting customers go to the competitors.  The boss’ argument sounded justified, but Becky did not feel comfortable because this meant she had to lie frequently.

What should Becky do?  Would she lose her sense of integrity?  Should she try to win customers in another way?

Case Analysis

Becky was facing an ethical dilemma that might compromise her personal values such as honesty and responsibility. In handling the situation, Becky should identify the relevant facts and take stock of all stakeholders concerned. The following factors should be taken into consideration when identifying viable alternatives and choosing the best course of action:

  1. Any violation to her professional, industry specific, or company code of conduct?

  2. Is it against the Law?

  3. Does it correspond with her self-values such as honesty and responsibility?

  4. Can she disclose her decision to others openly and honestly without misgivings?

The ETHICS PLUS ethical decision making model might be helpful for her in solving her ethical dilemma and choosing the best course of action.

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Penny wise and pound foolish

Jasper, a sales associate, accepted red packets from customers in exchange for favorable prices, leading to neglect of those who didn’t give gifts and resulting in increasing complaints against him.
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Jasper worked as a sales associate for a renowned audio-visual equipment company for many years.  Through his expertise and friendly demeanor, he gradually established an extensive customer network.

Some customers hoped Jasper could sell products at a "favourable price". As a result, they started giving him red packets, hoping he would offer them lower prices.  They even asked for company gifts when their purchases did not meet the limit.  Jasper happily accepted these offers and believed that this would not only satisfy his customers and strengthen his relationships with them, but also help him meet his sales targets, ultimately benefiting the company.  It seemed like a win-win situation.

However, Jasper soon became indifferent to customers who did not provide red packets, and even deliberately neglected their requests, leading to a growing number of complaints against Jasper.

Case Analysis

As an employee of the company, Jasper is regarded as an agent under the Prevention of Bribery Ordinance (POBO).  Without the company’s permission, he accepted red packets from customers for abusing his official duties, which might breach Section 9 of the POBO.  Both the offeror and acceptor of the bribes are guilty of the offence.

A red packet is a kind of advantage.  Section 2 of the POBO states that advantages include fee, gift, loan, reward, commission, office, contract, service, favour, payment, and more.  However, entertainment which refers to food and drink consumed on the occasion is excluded.  In addition, there is no monetary limit for advantage.  Therefore, Jasper’s acceptance of these advantages might have violated the law regardless of the amount involved.

Retail staff should adhere to company guidelines when selling products and providing company gifts.  Otherwise, it may lead to customer dissatisfaction or complaints, negatively impacting the company’s reputation. 

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Storing up trouble

Ivan and Ian were employees of a department store and were involved in procurement functions. They were well acquainted with the suppliers and gambled together frequently. Now both of them were facing temptations from the suppliers…
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Ivan and Ian were employees at a department store.  Ivan worked as a merchandiser while Ian, the warehouse supervisor, verified the received goods and conducted regular stock takes.

They were well acquainted with most suppliers, particularly Mr. Wong and Mr. Au.  On weekends, Ivan and Ian enjoyed mahjong with their suppliers.  Although they were not good at the game, they often won a lot.

During a mahjong game, Ivan shared his concerns about the heavy financial burden of supporting his daughter, who was studying abroad.  At the same time, Ian expressed his struggles with negative equity on his assets.  Seizing the opportunity to ‘help’ Ivan and Ian while making extra money for themselves, Wong and Au proposed a scam to defraud the department store.  They suggested Ivan overstating the quantity of toiletries purchased from them, and Ian stamping the official receipt on the invoices purporting that the received quantities were accurate.  As a reward, Wong and Au promised to pay each of them a monthly commission of $10,000.

Case Analysis

It would be an offence under Section 9 of the Prevention of Bribery Ordinance (POBO) for Ivan and Ian, who were employees of the department store, to accept the advantage, i.e., the monthly commission of $10,000, offered by Wong and Au for assisting the latter in overstating the quantity of toiletries without the permission of their employer.  Wong and Au might also commit an offence by offering bribes.  Furthermore, by overstating the purchase orders and acknowledging the false receipt, both Ivan and Ian might breach Section 9(3) of the POBO, which forbids employees from using documents containing false, erroneous or defective information to deceive their employer.  They might also commit an offence of conspiracy to defraud.

Ivan and Ian should adhere to their company’s code of conduct on handling persons having business dealings with the company and avoid gambling with suppliers.  While Ivan and Ian might seem very lucky to win a lot during mahjong games with Wong and Au, frequently gambling together and winning excessive amount might portray the perception that Wong and Au were losing to them deliberately so as to pass benefits to Ivan and Ian in return for favour at work.

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A happy coincidence

Heidi was responsible for recruiting shop managers and sales assistants for her company. During the selection process, she realised that one of the candidates was her cousin. She saw it as a happy coincidence.
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Heidi was promoted recently to personnel manager in a garment retailing corporation.  Her company planned to expand by opening several new boutiques throughout Hong Kong.  Heidi and one of her subordinates were tasked with recruiting shop managers and sales assistants for these new stores.  During the recruitment interviews, Heidi discovered, to her surprise, that one of the candidates was her cousin.  Seeing it as a happy coincidence, she conducted the interview herself without disclosing their relationship to the company.  She believed she could uphold impartiality when carrying out her official duties and in her eyes her cousin’s performance was the best among the other candidates.  She gave very favourable comments on her cousin’s performance during the interview.

Case Analysis

Given that one of the candidates was Heidi’s relative, Heidi, responsible for conducting the recruitment interview, was in a conflict of interest situation.  Heidi should avoid the situation as far as possible and adhere to the company code of conduct in handling it, such as declaring their relationship to the company.

If Heidi failed to disclose such a conflict of interest, the company could not take appropriate measure to mitigate the risk arising from the conflict (e.g., deploying another officer with no conflict of interest to take up the interview) and even worse, giving rise to allegation of bias and unfairness, and putting the company into disrepute.  Moreover, such failure to declare the conflict as required would cast doubt on Heidi’s integrity.  Even if Heidi acted impartially and her relative was the best candidate, the conflict of interest could still lead to the perception of favouritism and unfairness to other candidates. 

If false document is involved (e.g. falsifying documents to cover up conflict involved), it may breach S.9(3) of the POBO.  Using fraudulent means to conceal conflicts during the recruitment exercise for personal gain or to benefit acquaintances may lead to criminal charges such as deception and fraud, and could breach the Prevention of Bribery Ordinance if bribery is involved.

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The unspoken rule

Gloria, a regional manager of a chain retail store, repeatedly demanded gifts from her subordinates for favorable treatment, believing it fostered friendly relationships without recognising the ethical issues.
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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.

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The opportunity cost

Frankie, a sneaker store manager, offered to reserve limited-edition sneakers for parallel goods trader Felix in exchange for a rebate.
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Frankie was a manager of a sneaker store for a well-known sports brand.  Recently, the brand released a highly anticipated limited-edition sneaker.  Only 1,000 pairs were produced worldwide, and Frankie’s store was only allocated two pairs per size for customers to purchase.

On launch day, fans and parallel goods traders flooded the store.  Felix, a regular parallel goods trader, informed Frankie that these sneakers could fetch up 8 times their retail price on the secondary market.  Tempted by the potential profit, Frankie began considering how to take advantage of this opportunity.

Despite the store’s policy which prohibited staff from reserving products for customers, Frankie proposed a deal to Felix.  Frankie offered to assist in reserving the limited-edition sneakers for Felix, and in return, Felix had to pay him a 30% cut of the resale profit as a rebate.  Felix gratefully accepted the offer.

Case Analysis

As an employee of the retail store, Frankie should always comply with the internal guidelines on product sale.  By taking this opportunity for personal gain, Frankie not only violated the internal guidelines but also breached the Prevention of Bribery Ordinance (POBO).  Frankie, as an agent, without the permission of the retail store, solicited and accepted rebates from Felix for reserving goods might violate Section 9 of the POBO.  Felix, as the offeror of the bribe, might also be guilty of the offence.

Retail staff should uphold integrity and perform their duties with high ethical standard.  Illegal behaviours ruin one’s career and create unfairness to other customers, ultimately damaging the company’s reputation.

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Good relations with complications

Janice was tasked to set up a consignment corner in a hotel for a travel agency. She called her brother-in-law to enquire whether his travel agency would be interested.
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Given the increasing demand of the hotel guests for local tour services, the hotel’s senior management decided to set up a consignment corner for a travel agency to deal with these requests. Janice, the hotel’s Marketing Manager, was assigned to the task.

It seemed only natural, therefore, for Janice to call Tommy, her brother-in-law, to enquire whether the travel agency he worked for would be interested.

In the midst of a recession, the performance of Tommy’s company had already been discouraging.

Hence, the pressure on Tommy, the Business Development Manager, to find a solution was intensified.  The prospect of winning the consignment corner came as a huge relief to Tommy.  He explained that this would save his career and urged Janice to grant the consignment contract to his travel agency. Believing that Tommy’s agency was as good as any other agencies and no one would discover their relationship, Janice made her decision easily.

A month later, as a token of gratitude, Tommy presented Janice a tour package to Hawaii as her birthday present.

Case Analysis

Considering the close relationship with her brother-in-law, Janice should have observed her company’s internal guidelines on declaration of conflict of interest and refrained from being involved in the granting of contract. Conflict of interest situations such as this, if not dealt with properly, may easily lead to corruption.

Under the Prevention of Bribery Ordinance (POBO), a tour package is an advantage. Janice might breach the POBO if she, without the permission of the hotel, accepted the tour package as a reward for granting the contract to Tommy’s agency.  In that case, Tommy might also breach the POBO for offering of bribe.

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False attendance record

Ollie, who worked at a hotel, discovered that her cousin who worked at the same hotel, had corrupt dealings with another hotel staff. What should Ollie do?
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Ophelia, who worked part-time at a hotel, was responsible for hosting guests during conferences and banquets.  Recently, she planned a week-long Japan trip with her boyfriend, which meant she would forfeit a substantial part of her income.  Therefore, Ophelia asked her cousin, Ollie, who also worked at the hotel, to forge her signature on the monthly attendance record sheet to make it appear as if she had worked and to deceive the hotel of wages.

However, Ollie believed that forging false records might constitute fraud and firmly refused Ophelia's request.  Ophelia then approached Oscar, another part-time employee, with the same request.  To persuade Oscar, Ophelia promised to help him buy limited-edition anime figures from Japan.  Unable to resist the temptation, Oscar agreed to help Ophelia by forging her signature on the attendance record sheet.  Ollie was aware of Ophelia's collusion with Oscar but, reluctant to report her cousin, chose to turn a blind eye to the illegal behaviour.

Case Analysis

Ophelia deliberately submitted false attendance record to her company intending to deceive the employer of wages.  She might violate Section 9(3) of the Prevention of Bribery Ordinance or other fraudulent offences as she intentionally used documents containing false information to deceive her employer.  Oscar might also commit an offence of conspiracy to defraud.  When faced with Ophelia’s offer to help him purchase limited-edition anime figures, Oscar should decline the offer immediately to avoid putting himself in an obligatory position that could lead to illegal acts.

Ollie was aware that Ophelia had submitted false documents to deceive the hotel but chose to turn a blind eye.  Deliberately concealing or shielding unlawful behaviour may give rise to suspicions of involvement in illegal activities.  Therefore, to safeguard the interests of oneself and the company, employees should adopt a zero-tolerance stance toward corruption and report it to the ICAC.

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The best employee?

To receive the additional transportation allowance, Nancy, the temporary worker of a hotel, asked Nick, the hotel manager, to sign off her false attendance records.
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The hotel was in the midst of a busy banquet season and often hired temporary workers at an hourly wage to assist with operations.  According to the hotel's policy, employees who left their posts after midnight were eligible for an additional transportation allowance.

Nancy had been working at the hotel for some time and was highly regarded by the hotel manager, Nick, due to her efficiency and diligence.  In order to receive the additional transportation allowance, Nancy asked Nick if she could report her off hour at midnight even though she actually only worked until 11 p.m.  Initially, Nick hesitated, but considering the difficulties in hiring within the hotel industry, he eventually decided to turn a blind eye to Nancy’s actions and signed off her attendance records to help her obtain the extra allowance.

Case Analysis

Nancy deliberately submitted false attendance records to her company with the intent to deceive her employer of wages.  She might violate Section 9(3) of the Prevention of Bribery Ordinance or committed other fraudulent offences, as she intentionally used documents containing false information to mislead her employer.  Even though Nick did not receive any advantages, he might also be guilty of conspiracy to defraud.

As a managerial staff, Nick has a responsibility to carry out his supervisory duties.  Apart from performing his own duties, he should serve as a role model and set a good example for his subordinates.  It is his duty to oversee the conduct and performance of his subordinates, ensuring their compliance with laws and regulations.

Employees should always remain vigilant and adopt a zero-tolerance stance toward corruption and unethical practices, and report to the ICAC and the company.  If employees turn a blind eye or condone illegal behaviour, it not only tarnishes the corporate culture but also harms the company's interests.

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Partners in crime

A hotel chief engineer conspired with a spare part supplier by submitting false invoices to the hotel to deceive payment on goods never received.
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Michael, the chief engineer of the hotel, was responsible for purchasing spare parts for the repair of the hotel’s air-conditioning system.  According to the purchasing policy of the hotel, Michael was required to declare any conflict of interest and obtain quotations from various suppliers for each purchase and recommend a selected supplier to the hotel.

Michael’s high school classmate, Mike, was a spare parts supplier of the hotel but Michael never declared the conflict of interest to the hotel.  They agreed that for each procurement exercise, Michael would first disclose the quotations from other companies to Mike, who would then submit his quotation before the submission deadline.  Mike’s company often won the supply contract with the lowest bid.  In case where no quotations were received for minor purchase items, they falsified multiple quotations, and Mike’s company secured the contracts with the lowest bid.

On the other hand, Mike submitted false invoices to the hotel, falsely claiming that he had delivered all the parts according to the quoted quantities.  In reality, the amount of goods delivered was insufficient and Michael assisted in concealing the under-delivery. 

Case Analysis

Michael is regarded as an agent of the hotel.  Without the hotel’s permission, he accepted rebates from Mike for disclosing quotation information of other bidders to the latter so that Mike could secure the contract at the lowest bid.  Michael might breach Section 9 of the Prevention of Bribery Ordinance (POBO) while Mike might also commit the offence by offering bribes.  Michael conspired with Mike to use false documents to deceive his employer so that Mike could obtain the supply contract, he might breach Section 9(3) of the POBO or other fraudulent offences and Mike might also commit a conspiracy to defraud offence.  Similarly, Mike submitted false invoices to the hotel to conceal the under-delivery and Michael assisted to cover up the matter.  Both of them might commit the offence of conspiracy to defraud.

Michael and Mike were high school classmates which constituted a conflict of interest.  Michael did not declare the conflict of interest to the hotel intentionally and might violate the company’s internal policies.  Employees must adhere to the company’s guidelines and procedures when conducting procurement exercises, including the guidelines on handling conflicts of interest.  They should avoid conflict of interest as far as possible and make timely declarations strictly following the internal guidelines.  Mishandling conflict of interest may distort and cast doubt on the reliability of one’s professional judgement.  On the other hand, companies should implement internal monitoring mechanisms and effective checks and balances to ensure that employees properly follow the procurement policies and goods receiving procedures. 

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