KEY POINTS:
A banking investigator has only himself to blame for a sad end to a 36-year banking career, says the Employment Relations Authority.
Malcolm Chamberlain, who was nearing retirement, last year took the ASB Bank to the ERA, saying he felt forced to resign _ following an investigation the
bank found he had botched _ and his employers had not honoured a gratuity it had offered him.
Mr Chamberlain had worked for 20 years in the bank's investigations department, where he looked into at-risk accounts and referred files to the police.
In its decision released yesterday, the ERA in Auckland said problems arose last year when a 76-year-old bank customer was trying to sell his business after being victim to a credit card scam.
In a precautionary arrangement with the bank, overseas drafts worth US$72,000 ($101,000) were put into a special account, but they turned out to be counterfeit.
The case was referred to Mr Chamberlain, who told the customer he was putting the bank at risk and was party to a fraud.
Holds were put on accounts and credit cards and the file was passed on to the police, although eventually withdrawn.
The customer complained to the bank about Mr Chamberlain, saying he (the complainant) had gone through all the proper steps.
The bank apologised and started an inquiry into Mr Chamberlain's behaviour.
It was concerned Mr Chamberlain had not bothered to verify the customer's claims. Mr Chamberlain told the bank he would have done the same if the situation arose again.
Aware that he intended retiring at the end of 2007, the bank then offered him the opportunity of resigning earlier and being paid a gratuity, rather than going through disciplinary action.
However, Mr Chamberlain responded with his lawyer, saying the situation could be seen as constructive dismissal.
Following that, he asked for $123,500 for the gratuity, lost earnings and compensation for hurt and humiliation. He then resigned.
In its judgment, the ERA said that Mr Chamberlain had overlooked an important step in his inquiry and had appeared to rush his judgment of the customer's actions.
It said the bank had acted fairly and reasonably, and had not pre-determined its position.
By taking a personal grievance against the company, Mr Chamberlain was essentially rejecting the gratuity offer.
- NZPA
