Office Depot heeft [de werknemer] vervolgens op staande voet ontslagen met ingang van
15 september 2017. Bij brief van 18 september 2017 is het ontslag schriftelijk aan [de werknemer] bevestigd. In de brief is onder meer het volgende aan [de werknemer] meegedeeld:
“(…)
Our company has pool cars that can be used bij employees for business reasons only.
Investigations show that you have used pool cars for private reasons (under which commuting from work to home and vice versa), one time for several days in a row and also separately for one day use.
The policy on pool cars is very clear and it is forbidden to use a pool car for a private goal, unless agreed otherwise, which is not the case.
In a meeting last Friday, [senior manager] , Sr. Manager Inside Sales and [HR officer] , HR officer have given you the possiblity to give your reaction. You admitted that you used pool cars for private reasons.
Your actions are unacceptable for us. You acted against company policy and you should have been fully aware that your actions are not allowed and can in no way be accepted.
The above mentioned facts and circumstances, together as well as seen separately, justify a dismissal with immediate effect, which dismissal was given to you Friday September 15th, 2017 and this dismissal is hereby confirmed in writing.
(…)”