Termination without notice Zurich banker misuses business card for "dating services"
A bank employee from Zurich used his business credit card for private expenses. The bank then dismissed him, but the labor court has now confirmed that the dismissal was justified.
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- A Zurich bank employee was dismissed without notice because he repeatedly misused his employer's business credit card for private expenses.
- The Zurich Labor Court confirmed the dismissal and rejected the employee's explanation that he had mixed up the cards in the dark as implausible.
- According to an employment law expert, misuse of expenses is comparable to theft and can justify immediate dismissal, even without prior warning, provided this is done promptly.
A Zurich bank employee lost his job after misusing his employer's credit card for private purposes. The Zurich Labor Court confirmed the immediate dismissal, which was issued after several violations, as reported by the Tages-Anzeiger newspaper.
According to the court, the employee had used the card in a club for so-called "dating services", as the court wrote in a recently published decision. On the night of November 1 to 2, 2018, the employee spent 3215 francs, followed by a further 1600 francs three weeks later. This apparently involved erotic services.
Despite a warning from the bank pointing out that private use of the business card was not permitted, another incident occurred in February 2019. This time, 1725 francs were spent, prompting the bank to dismiss the employee immediately.
Alleged mix-up of the cards
The dismissed employee took legal action against the dismissal, arguing that he had mixed up the cards due to the darkness. The court rejected this explanation, as the multiple attempts to use the card and the attempt to withdraw cash spoke against this claim. After the first incident, the bank had made it clear that further violations would lead to drastic measures.
According to Denis G. Humbert, a specialist lawyer for employment law, misuse of expenses can have serious consequences. He compares such cases to theft and emphasizes that in this case, termination without notice would have been possible even without prior warning.
Dismissal without notice must be swift
Even small amounts can lead to consequences under employment law, with courts assessing the individual case. A stricter standard is applied, particularly in higher positions.
The reaction time of the company plays a decisive role here. Dismissal without notice must generally take place within a few days in order to be considered justified. If the company misses this deadline, the termination could be considered unjustified, which could result in financial obligations.
The editor wrote this article with the help of AI.