Steak Sandwich Scandal

Just under a fortnight ago two Greater Geelong City Council staff had their employment contracts terminated. Mick Van Beek and Peter Anderson received two steak sandwiches free of charge from the Leopold Sportsmans Club subsequent to repairing potholes in the club carpark. The unauthorised repairs were later reported to Council. The men were allegedly sacked as a consequence.

Conjectures about the legitimacy of the termination

So what grounds does Council have for terminating Van Beek's and Anderson's employment?

There are three aspects of this case that could have led to the termination of employment. Firstly, Van Beek and Anderson used Council asphalt or 'hot mix' for the repairs. Secondly, the two men acted without direction from their superiors. Thirdly, they received two steak sandwiches in return for the work.

Coverage in the local papers has been unclear as to the exact reasons given for terminating employment but variously lists the use of council hot mix and the steak sandwiches (now famous in Geelong).

The act by Van Beek and Anderson has been reported as a good deed done in the interest of public safety. The pot holes were a danger to the elderly patrons of the Sportsmans Club and Van Beek and Anderson have been labelled Good Samaritans (quite a stretch of the imagination). However, good deeds were not in the job description.

Van Beek and Anderson claim that the asphalt they used was destined for the tip, so that seems like weak grounds for terminating their employment. The two men did act without direction from their superiors, but Council encourages employee initiative, so that too seems like poor grounds for termination. That leaves the steak sandwiches.

Geelong Council has tightened enforcement of its policy relating to gifts and benefits following the 2004 Cosagate saga in which candidates in the Geelong Council elections failed to disclose that they received funds above $500 to help their campaigns. The Council's policy, entitled Receiving Gifts, Benefits and Hospitality policy, which is readily available on the Internet, states that Council employees must 'Not seek, solicit, or use their position with Council to obtain gifts or benefits from external organisations or individuals' (§ 5e). The policy states that 'Gifts are unsolicited and meant to convey a feeling of goodwill on behalf of the giver and where there is no expectation of repayment' (§ 4). This includes food. Likewise, the policy states that 'The term "Benefit" is used to refer to something which is believed to be of value to the receiver, such as a service for which there is no expectation of repayment' (ibid.).

Van Beek and Anderson's action would constitute a breach of Council policy if they received the steak sandwiches because of their 'position with Council' and if there was 'no expectation of repayment'. Based on reports in the Geelong Advertiser, Council could make this case. However, there are doubts about whether the men sought the gifts or used their position to obtain the gifts (i.e. with the intention of obtaining). They did not receive the steak sandwiches until a later date, thereby making an intended exchange of repair-for-sandwiches unlikely.

The only copy of the relevant council policy that I could obtain in the public sphere was dated for review in 2005, therefore I cannot be sure that the policy has not changed. Also, I cannot obtain a copy of the disciplinary procedures for breaching Council policy. However, if the gifts policy remains the same there is a further means by which the men could be cleared. The Council gifts policy contains a provision for accepting 'token' gifts. The policy states that 'A Token is a "Gift" (other than money) of a nominal value (ie less than $50)' that does not '...create a sense of obligation in the receiver that will influence, or appear to influence, the exercise of their official duties'. Furthermore, '"Tokens" that are of an infrequent nature may be accepted' (§ 5.1).

The legitimacy of terminating Van Beek's and Anderson's employment appears to depend on the gift status of a steak sandwich. It will be interesting to see how this one plays out.