The court overturned the commissioner’s decision this month. According to its judgment, Greenway designed the claims so that she could approve them instead of her boss.
Greenway and Nedbank agreed at the arbitration hearing that though “the claims were submitted under Mrs Booth’s name, they were [Greenway’s] claims. [Greenway] had a discussion with Mrs Booth to submit the claims under her (Mrs Booth’s) own name.
“Mrs Booth was [Greenway’s] regional assistant and she was able to submit claims on [Greenway’s] behalf. When submitting requests, an authorised submitter had to confirm whether the expenses belonged to him or her or someone else.”
Judge Hilary Rabkin-Naicker said the commissioner ordered Greenway’s reinstatement “despite finding that the [she] lied under oath at arbitration and showed no remorse, the employer’s evidence regarding the breach of the trust relationship, and his acknowledgment that her seniority could not serve as a mitigating factor”.
The judgment added: “By ordering reinstatement (albeit without back pay), in all the facts and circumstances of the evidence serving before him, the commissioner made a decision that a reasonable decisionmaker could not make. In the premises, his award stands to be reviewed.
“The dismissal of Narriman Greenway was procedurally and substantively fair.”
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Nedbank manager loses job after signing her own R28,000 expense claims
Image: GALLO IMAGES/PAPI MOAKE
A Nedbank manager who approved her own expense claims has lost her job after the bank approached the labour court.
Narriman Greenway, who was employed as a financial planning manager, was fired in 2019 after she was found guilty of gross misconduct for dishonesty.
Between April 2018 and March 2019, Greenway approved 11 expense claims, worth more than R28,000, submitted in the name of her regional assistant, Nikki Booth.
A commissioner who presided over an arbitration hearing found her dismissal was procedurally fair but substantively unfair. Greenway was reinstated without back pay. Nedbank took the decision to the labour court to have it reviewed and set aside.
Man who kept R4.7m Ters money meant for employer found guilty
The court overturned the commissioner’s decision this month. According to its judgment, Greenway designed the claims so that she could approve them instead of her boss.
Greenway and Nedbank agreed at the arbitration hearing that though “the claims were submitted under Mrs Booth’s name, they were [Greenway’s] claims. [Greenway] had a discussion with Mrs Booth to submit the claims under her (Mrs Booth’s) own name.
“Mrs Booth was [Greenway’s] regional assistant and she was able to submit claims on [Greenway’s] behalf. When submitting requests, an authorised submitter had to confirm whether the expenses belonged to him or her or someone else.”
Judge Hilary Rabkin-Naicker said the commissioner ordered Greenway’s reinstatement “despite finding that the [she] lied under oath at arbitration and showed no remorse, the employer’s evidence regarding the breach of the trust relationship, and his acknowledgment that her seniority could not serve as a mitigating factor”.
The judgment added: “By ordering reinstatement (albeit without back pay), in all the facts and circumstances of the evidence serving before him, the commissioner made a decision that a reasonable decisionmaker could not make. In the premises, his award stands to be reviewed.
“The dismissal of Narriman Greenway was procedurally and substantively fair.”
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