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DISHONEST MISCONDUCT
COURT UPHOLDS DISMISSAL OF
BANK EMPLOYEE WHO SUBMIT FALSE MEDICAL CLAIM
In a recent decision, the
Industrial Court has ruled that Bank employee who submits false
medical claims of RM50.00 was rightly dismissed by the bank.
The Court held:
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The evidence clearly showed
that neither the claimant nor his family visited the clinic
for medical consultation or treatment. The claimant's
explanation that he bought the medicine at the counter in the
clinic was highly improbable. The claimant's dishonesty was
further proved when he himself admitted in court that having
nearly exhausted his entitlement of RM800 for family medical
benefits given by the bank, he then claimed for the
reimbursement of RM50 under his individual medical
entitlement.
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The dishonest act of the
claimant in submitting the false medical receipt had breached
the fiduciary relationship of trust between the bank and the
claimant. Even though the amount claimed was small, the trust
and confidence that the bank had in the claimant had
diminished by virtue of his misconduct. In submitting the
false medical claim, the claimant acted in bad faith. In the
circumstances it was no longer appropriate for the claimant to
continue in the employment of the bank in that position which
required an honest and trustworthy employee.
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The claimant commenced
employment with the bank as a messenger/office boy with effect
from 6 February 1984. At the time of his dismissal on 2 February
1999, the claimant was an accounts clerk with the bank
On 3 November 1998, the claimant submitted to the bank a medical
receipt purportedly issued on 31 October 1998 by Poliklinik
Bakti, Tanjong Malim, Perak to claim reimbursement for medical
expenses for the sum of RM50. The receipt states that the bill
was issued for "rawatan dan perubatan" (ie, treatment and
medication).
The dishonest act of the claimant in submitting the false
medical receipt has breached the fiduciary relationship of trust
between the bank and the claimant.
…. It means that whenever an employee engages a worker he puts
trust that the worker will faithfully discharge the service
and protect and further the interest of the
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employer. A fiduciary
relation exists between employer and employees….. If the
employee does an act which is inconsistent with the fiduciary
relationship, then that will be an act of bad faith for which
his services can be terminated.
In the light of what the claimant did, the bank could no longer
place its trust and confidence in the claimant. The claimant
knew the procedure for claiming reimbursement of medical
expenses very well since he was also in charge of such claims
made by the bank staff. He deliberately chose to deceive the
bank by making the claim under his individual medical
entitlement when his family's medical entitlement was nearly
exhausted.
Going by equity and good conscience and the substantial merits
of the case, this court holds that the bank had just cause or
excuse to dismiss the claimant.
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