In the case of Mr Szabolcs Fekete v Citibank N.A the respondent is global financial institution employing over 150,000 employees. The claimant commenced employment on 15 July 2015 and at the time of his dismissal he had been promoted internally and held the position of EMEA Regulatory Exam Management and Oversight – Senior Analyst.
Szabolcs Fekete had initially claimed that only he had eaten two sandwiches, two coffees and two pasta dishes during a business trip to Amsterdam – but he later admitted that his partner had also shared some of the meals he had claimed for. However, the manager he sent in the demand to questioned whether the food and refreshments he wanted to claim for were all for him.
He said that all his expenses were within the €100 daily allowance and asked the manager to explain what their concern was, as “I don’t think I have to justify my eating habits to this extent”. The manager said the query was not about the amount but whether the claim breached the bank’s expense management policy, where spousal travel and meals are not reimbursable. The policy also states that all attendees whose meals are submitted for reimbursement must be listed.
The bank sacked him and Fekete then took Citi to court for unfair dismissal and wrongful dismissal. In the judgement, Employment Judge Illing found in favour of Citi, saying: “I have found that this case is not about the sums of money involved. This case is about the filing of the expense claim and the conduct of the claimant thereafter.
“It is significant that the claimant did not make a full and frank disclosure at the first opportunity and that he did not answer questions directly. The claimant was employed in a position of trust in a global financial institution. I am satisfied that even if the expense claim had been filed under a misunderstanding, there was an obligation upon the claimant to own up and rectify the position at the first opportunity. I accept that the respondent requires a commitment to honesty from its employees.”
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