15 September 2003

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:

1. 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.

2. 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.

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

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.

 

SBEU WOULD LIKE TO REMIND ALL MEMBERS TO UPHOLD THE HIGHEST STANDARDS OF HONESTY AND PERSONAL INTEGRITY