It's difficult to see how they could have made more determined efforts to fail.
Initial carelessness in either printing it out unaware (a possible explanation for not collecting it) or failing to collect a deliberate print out.
Taking umbrage that something left in plain sight had been remarked on.
Not expecting it to be discussed.
Taming more umbrage when it was.
Picking on one employee.
Not being able to conduct disciplinary proceedings to a standard that would keep them out of court (probably an impossibility anyway in the circumstances but they seem to have made outstanding efforts in this regard).
Not settling ensuring that they did end up in court going full Streisand.