A breach

To start with the last one. This means depositing money from the cash register. This is done by putting the money in an envelope (with the amount written on it) in the director’s office. Only the director and the manager had the key to the office.

Lost 47 euros

According to the company – which in addition to coffee also sells milk and desserts – the manager is responsible for the disappearance of 4,080.51 euros. According to the cash register system, 6886.09 was paid in the period between February and April this year. Of this amount, only 2,805.58 euros ended up at the director’s office.

The manager’s fine, the company was managing. Along with the theft of 47 euros from the safe and the fact that he did not count the contents of the cash register every day, the director thought this was reason enough to dismiss him immediately. That happened on May 7 this year.

The 47 euros missing from the safe was particularly convincing to the company, as the man was the only one who had a key to the safe. There was one more time, but she had been missing for more than two years.

And that is also the reason why the sub-district court judge in Breda reversing the breach. It cannot be ruled out that someone else lost the key and took the money. And with that, the only sign that the manager took the money has grown quickly. The company would also have been better off buying a new safe after losing the second key, the judge advises.

There is not enough evidence

The judge is also unsatisfied with the company regarding more than 4,000 euros in untraceable money. The fact that only the manager and director had a key to the office is no proof that he laundered the money.

The envelopes with money were sometimes pushed in under the office door. From time to time the director would take the envelopes to the bank. She did not check how many envelopes there were, except whether the number inside matched what was written on them.

It was also not checked whether an envelope was deposited every day. “It is not a professional process and is not secure enough,” said the judge. This means that it cannot be proven that the money disappeared on a day when the manager was working. And it is the conductor himself may have made a mistake or lost an envelope.

Back to work

Therefore the case, whose name is not mentioned in the judgement, must allow the man to return to work. And still pay him his salary for the period from his resignation to the end of his employment with them.

He earned 2580.33 gross per month without holiday pay. In addition to the late salary of more than 800 euros and the statutory increase of 1,500 euros on the late salary, the man still has about 15,000 euros.