AWARD NO. 309 OF 1992 [10 NOVEMBER 1992]

AWARD

The parties to the dispute are Standard Chartered Bank Kuching, Sarawak (hereinafter referred to as the Bank) and Lawrence Lu Choo Teck (hereinafter referred to as the Claimant). The dispute is over the dismissal of the Claimant by the Bank.

The Claimant commenced employment as a Bank Clerk in 1973.With effect from 1 January 1980, he was promoted to the rank of Junior Assistant Officer.

The Claimant was confirmed in his appointment as Junior Assistant Officer on 1 July 1980 after a probationary period of six months.

With effect from 1 July 1981, the Claimant was promoted to the position of Assistant Officer.

On 4 June 1984, the Claimant was appointed as Officer Trainee.

On 10 April 1985, the Claimant was appointed as Sub-Accountant by the Bank.

By a letter dated 12 December 1988, the Bank suspended the Claimant from his duties.

By a letter dated 27 December 1988, the Bank issued to the Claimant a "Show Cause Letter", which is reproduced below:

Show Cause Letter

We refer to our letter of 12 December 1988, suspending you from duty to facilitate our investigation into several allegations of misconduct.Our investigations reveal:

(i) That you on 9 November 1988, instructed an error correction by reversing the entries of two deposits of MYR6,000 and MYR1,000 respectively to the account of Robinson General Store:

(a) without proper authorisation from the customer. (b) without authorisation and outside your jurisdiction. (c) not complying with the required procedure in that you did not record the error correction in the register book.

The above acts carried out by you are with the intention of intercepting the cheque No. 596536 for MYR1,000 which is meant for the debit of your account.

(ii) That you conducted yourself in a manner, that is subversive to the discipline of the Bank and unbecoming of a National Officer of the Bank in that you conducted the sales of illegal fourdigit lotteries to your subordinates. (iii) That you issued a cheque dated 9 November 1988, to Robinson General Store with the full knowledge that should the cheque be presented on the stipulated date, your account will have insufficient funds to honour the said cheque, which act is an unbecoming conduct of a National Officer of the Bank. (iv) That you borrowed money on numerous occasions from officers and subordinate staff which act is subversive to the Bank's discipline and in contravention to Administration Circular No. 83/108 dated 28 July 1983.

2. We hereby require you to show cause to the Bank within seven (7) days on receipt of this letter as to why the Bank should not take severe disciplinary action against you, including the possibility of dismissal from the Bank's service. 3. Please acknowledge receipt by signing and returning the duplicate copy.

Yours faithfully, signed Margaret Lim P.W. District Operations Manager, Sarawak.

This case was partly heard by the former Chairman Mr. Steve Shim, over a period of 7 days and after 5 witnesses by Bank have given their evidence.When the case came up for continued hearing before the new Chairman on 26 March 1992, counsel for both the Bank and the Claimant agreed to adopt the notes of evidence taken down at the proceedings and the hearing be continued by the successor of Mr. Steve Shim to dispense with the hearing de novo. Typewritten notes of evidence were supplied to both parties before the continued hearing began.

At the time of his dismissal, the Claimant, as a Sub- Accountant was a cash Officer of the Kuching Branch of the Bank.He was also a National Officer in the hierarchy of the Bank.His duties, according to COW1, were to direct and control the operations of the cash department of the Branch, reporting to the Kuching Operations Manager.As a Cash Officer he would exercise the joint overall control of the cash treasury including gold cash bullion and cash tills jointly with the senior cashier.His immediate subordinate was the senior cashier and his immediate superior was the Kuching