- 雇主表示员工在工作上疏忽，他未能准确的核实银行的现金数额，违反了银行的标准操作程序 (SOP)。
- 同时银行的调查也显示，有关经理在下属清点了钱后就签了核对表，并没有再次清点。 此外，另外有记录显示，经理无法按照标准操作程序的要求核实银行的现金，她并没有准确的计算现金数额。
- 经理则声称，银行的现金核查SOP 没有规定必须计算现金票据。因此她只是计算捆绑钞票的数额。对此，银行表示即使是外行人都会知道现金应该按准确数量计算，而不是作为估计。唯一的正确方法是逐项计算。
- 工业法庭在其裁决中指出，无论雇员从事任何工作，诚实是每一位雇员都应具备的态度。这些特征在银行业中更为重要，因为银行是公共资金和财产的保管人（Southern Bank Bhd v. Azmi Ali  1 ILR 614）。
Failure to Follow Standard Operating Procedure Leading to Loss of Cash
- A Bank Branch Manager and an Assistant Branch Manager were dismissed for negligently causing their employer to lose RM750,000, stolen by another employee.
- The specific act of negligence was included in the charge against them, namely that they had failed to verify the cash in the bank at the end of the
day on three consecutive days.
- This was an action required by the bank’s standard operating procedures (SOP). Secondly, the Manager was accused of not conducting any surprise check on the cash position of the bank in the two months prior to failing to verify the cash, thus contributing to the loss of the money.
- The investigation by the bank showed that on the three days when the money was stolen, the Manager signed the verification form after the money had been counted by a subordinate but he did not count the money himself.The evidence from CCTV cameras showed that the number of bundles of cash in the bank vault were counted by the Manager but not the contents of each bundle.
- Furthermore, the time recording register in the vault showed that the Manager could not have counted the money, as required by the SOP, in the short time he was inside.
- The two Managers claimed that the SOP of the Bank on Cash Verification did not specify that the cash notes had to be counted. They argued that there was nothing wrong in counting bundles of notes.
- In response, the bank stated, “… a layman would know that the cash ought to be counted in the exact amount and not as an estimate. This is because the counting of bundles can result in the size of the bundles of cash. The only correct method to verify errors as the human eye cannot discern minor differences between is by counting the monies piece by piece.
- In its Award, the Industrial Court stated, as it has in manyprevious cases involving banks, “The Court is of the view that honesty and integrity are amongst the key characteristics that any employee should possess, no matter what form of employment the employee is engaged in.
- However, such characteristics are of utmost importance in the banking industry as the bank is the custodian of public money and property (Southern Bank Bhd v. Azmi Ali  1 ILR 614).
- The Industrial Court upheld the dismissal of the two Managers.
- Employee Misconduct CLJ PUBLICATION
- Noorashikin Ahmad Hassan & Anor u. Bank Muamalat Malaysia Berhad Industrial Court Award No. 417 of 2019
*We have more than 15 years of experience in the legal profession. We handle matters such as commercial disputes, civil litigation, debt recovery, probate & letter of administration, will, divorce, children custody, maintenance/alimony, adoption, distribution of matrimonial assets, drafting commercial agreement, drafting sale and purchase agreement, process loan documentations, legal consultation, legal advisory, miscellaneous legal works.
*Wilson Kuek是“法律与你同行 Law & Justice”面子书群组的创办人。“法律与你同行”是马来西亚最大的法律平台。我们每天为无数的平民百姓免费解除各类的法律困扰。
*加入 我们的“法律与你同行”FB 群组: http://bit.ly/fblawnjustice
*Like 我们的“法律与你同行” FB Page: http://bit.ly/lawnjusticefbpage
(i) 各项法律/政府政策: https://t.me/LawAndJusticeGroup
(ii) 雇主必知的法律/政府政策: https://t.me/LawAndJusticeEmployer
*Kuek, Ong & Associates. Advocates & Solicitors. No.86-1, Jalan Mahagoni 1, Bandar Botanic, 41200 Klang, Selangor Darul Ehsan. Klang Lawyer. 巴生(吧生)律师楼。#Kuek, Ong & Associates #Kuek Ong & Associates #Kuek Ong Associates #郭汪律师事务所 #郭汪律师楼
#Chinese Lawyer in Malaysia #Malaysia Lawyer #Klang Lawyer #KL Lawyer #divorce lawyer #马来西亚华人律师 #懂华文的律师 #懂华语的律师 #巴生律师 #吧生律师 #KL律师 #吉隆坡律师 #民事诉讼律师 #打官司的律师 #打离婚案的律师 #离婚律师