Maybank Clerk S Dismissal For Unauthorised Access Of Ex Husband S Account Upheld

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The Industrial Court said a bank clerk’s unauthorised access of 24 bank accounts was a serious misconduct that warranted dismissal. (Facebook pic)
PETALING JAYA: An Industrial Court has upheld the sacking of a Maybank clerk who accessed her former husband’s bank account without his consent, saying the stern action will instil public confidence in financial institutions.
The 36-year-old claimant was dismissed on Aug 17, 2022, following a domestic inquiry which found her guilty of unauthorised access of the accounts of her ex-husband and 23 others following a probe.
Kuala Lumpur Industrial Court chairman Augustine Anthony said the court was mindful of the numerous public complaints about data breaches which have caused loss and misery to many innocent people.
“Unauthorised banking transactions are a source of tremendous worry where people’s life savings have sometimes been lost due to various scams and cybercrimes. This court is also aware that mobile devices play a very significant role in the online and internet banking system.
“Conscious of this role, financial institutions are investing heavily in risk management with a view to securing the safety and integrity of customers’ personal data and information. All these efforts will be futile if employees disregard strict banking policies and standard operating procedures,” he said in an award delivered last month.
Anthony said Maybank began investigations after the claimant’s husband lodged a complaint in April 2022.
The court heard that the couple divorced in 2021 and that the claimant, who had served Maybank for 15 years, had accessed his account even after their separation.
Anthony said the claimant had kept screenshots of transactions involving 23 other account holders in her handphone, which her ex-husband submitted to the bank to facilitate the probe.
The court said it could not accept the claimant’s testimony that she had her ex-husband’s consent to access his account.
“It is not believable in light of the former husband’s complaint to the bank.
“In any event, at the time the claimant accessed his banking account, they were divorced. Based on the claimant’s own evidence, their relationship had become so acrimonious that it is not believable that the complainant would have given her his consent,” the award read.
Anthony commended Maybank’s counsel HR Dipendra for exercising restraint when cross-examining the claimant, saying the lawyer was exceedingly professional and courteous for asking only the most relevant questions in view of the sensitivity nature of the dispute.
The court also described the claimant’s action in submitting four letters purportedly issued by customers granting her consent to access their accounts “strange” since they were all dated one day after she was issued a show-cause letter by the bank.
“None of these letters were produced by the claimant during the show cause and investigative stage.”
The claimant’s excuse that she had forgotten to do so due to the stress she was under is unacceptable, said Anthony.
“This was a clear afterthought designed in preparation for the case,” he said.
In any case, he said the claimant had, in breach of the bank’s policy and procedures, failed to obtain the requisite consent before accessing the accounts.
Anthony said the conduct of the claimant had exposed the bank to serious consequences.
He said the claimant’s conduct of retaining the customers’ information in her mobile device was a clear breach of her employment contract and a serious misconduct that warranted her dismissal.
Dipendra and Nur Azmina Izzati appeared for Maybank, while Naveen Joshua Solomon and P Kirthika represented the claimant. - FMT

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