Prepare a defence based on the facts of the case below.

FACTS OF THE CASE

At the time of dismissal, employee James, was employed through a labour broker (EOH Abantu) to render services as a Microsoft server team leader at Wesbank, a client of the employee.

Wesbank purchased "multiple activation keys" from Microsoft for Windows Office 2010. These keys could only be used by employees for official purposes. The use of these keys by third parties was strictly prohibited. In order to install Microsoft Office software on his girlfriend's mother's computer, James sent her via email a volume licence key that he downloaded from the server.

This email was picked up by the internal forensic investigators. When questioned about whether James had sent the key, which he initially denied and later confirmed that he did.

James is now charged with misconduct and called to a disciplinary hearing on the 26 February 2023.

The specific charges levelled against him were:

Charge 1 - contravention of the disciplinary code, namely theft, fraud, dishonesty, or the unauthorised removal of any material from the Bank, or from any person or premises where such material is kept in that he dishonestly distributed the Wesbank Microsoft office licence keys.

Charge 2 - contravention of the disciplinary code, namely being in breach of the Bank's confidentiality agreements and/or by divulging such confidential information, in that he divulged information he obtained through his position as team leader, to unauthorised external personnel.

Charge 3 - contravention of the disciplinary code, namely disregarding or breaching the bank's code of ethics, in that he dishonestly distributed the Wesbank Microsoft licence keys to external parties.