Zee Kiani: I was working in a company as an Accountant for more than 4 years. I made a mistake and issued duplicate payment to one of our supplier which he had en-cashed. When it came to my knowledge then I contacted him to return the money which he did but in the meantime, our internal auditor audited and found that mistake and he said that I am the one who made this payment deliberately and got all the cash. Then my HR manager wrote a statement in Arabic which I didn't understand at the time but it was, ‘I do accept that this money was gone from the company account by my mistake and I have this money with me.'[irp]
The Same day I returned all the money to the company which I recovered from the supplier but next day they called the police and sent me to the police station when I show them the receipt that I have returned all the money to the company then they granted bail for me. Based on above story I would like to seek your advice
- Can I get my EOSB in case if I gave a statement to the company that the money is with me?
- As of now I am on bail and is there any possibility that company can send me on final exit with the ban?
Answer by Steve: First, what you did is a mistake but according to you, it is not a deliberate mistake. They can only terminate you under Article 80 if the mistake was deliberate. Now I am not sure what have they written on that Arabic statement upon which you have signed? If you have agreed that the mistake was deliberate, forget about everything as you have cut your hands.
If you have not agreed to this, they cannot terminate you under this Article 80 unless they have some other proof. Now if they have not given you any termination notice, you should continue to go to the office until you are terminated. Keep in mind; they can only terminate you by giving one month notice if you are innocent.[irp]
If they terminate you under this article, you are not eligible for ESB. However, you can go to the court against them and they will have to pay you EOSB as well as one month's salary of notice period as well as salaries of all the months of the proceedings of the case if they could not prove that you did it intentionally. They can ban you only if they can prove that you did this intentionally.