- 在失信的指控中，公司称员工提交了一份没有任何收据的2万令吉支出账单。另外，她也被指提取了13万令吉预付现金，但却没有入账。然而工业法庭表示由于没有收据显示员工实际上已经收到了这笔钱，以及公司没有发出任何payment voucher 显示这笔钱已经支出给员工，因此法庭裁定员工在这项指控是无罪的。
- 另外，公司指员工在三年内用公司发给她的信用卡购买总数高达85万令吉的物品，而员工却只能证明其中的56万令吉是有效的商业开销。 由于该员工无法反驳这些指控，法庭裁定这属于不当的行为。
- 另一项指控涉及海外出差。员工在出差期间，她的逗留时间超过了必要的时间，并向公司收取了额外费用。 然而由于公司没有对此项指控发出过任何show cause letter, 因此法庭裁定此项预期逗留的指控是没有根据的。 但是该员工做出的报销显然是针对个人物品，法庭裁定员工的虚假报销是一项不当行为。
- 最后，工业法院裁定，作为公司的经理，员工理应明白和理解公司的报销政策。 因此裁定员工的解雇是合理的。
- An investigation was being conducted into various allegations against a Corporate Affairs and Administration Manager. She decided to resign without notice as complaints had been made about her previously, whereby she claimed that she had been victimised. The employer refused to accept her resignation pending the completion of the investigation. When she was called to discuss the allegations with her superior, she replied that she was unavailable. The Company then dismissed her.
- The four allegations made by the Company were that she had committed:
- Breach of trust
- Making false claims and taking unapproved leave
- Failure to disclose conflict of interests and
- Misuse of benefits granted by the employer.
- Amongst other complaints, the Company alleged that the Manager had submitted an expense report for RM20,000 without any receipts. Another RM13,000 of cash advance that she had taken could not be accounted for. As there was no receipt to show that the Manager had actually received the money nor were there any vouchers to show that the money had been prepared for her, the Court found that she was not guilty of this allegation.
- Secondly, the employee had used the Company credit card issued to her for some items totalling RM850,000 over a three year. However, she had only been able to show that RM560,000 were valid business expenses. She therefore owed the company for the difference. The Court agreed that the Manager’s inability to provide supporting documents for the credit card expenditure was an act of misconduct.
- A third allegation related to business trips overseas which were shown to be with approval and valid but during these trips, she had stayed on longer than necessary and charged extra expenses to the Company. No show cause letters had been issued relating to these business trips and therefore, the Court found that the allegation of overstaying was unfounded. However, the claims made by the Manager were clearly for personal items and the Court decided that misconduct had been proven.
- Lastly, she put in a claim for winter clothing, as allowed in her terms and conditions of employment but the Company was able to prove that the purchases were not for cold-weather clothes.
- In conclusion, the Industrial Court decided that as a senior and long-serving officer of the Company, the Manager should have been aware of the policies on claims and other matters. In the circumstances, it was decided that the dismissal was justified.
Employee Misconduct, CLJ Publication
Siti Fatimah Amir v. Petrofac (Malaysia) Ltd Industrial Court Award No. 2031 of 2019
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#False Claims and Misuse of Benefits by Employee #虚假报销 #没有证据