AFCA has found in favour of National Australia Bank following allegations by a customer that a teller had stolen $7250.
In August 2022 the customer attended an unspecified branch and, on the customer’s version of events, tendered two bundles of cash for deposit, the first to the value of $8200 and the second to the value of $7250.
Following routine procedures, and making use of a Teller Cash Recycler machine, the NAB teller credited $8200 to her account.
The bank provided the customer with a confirmation slip showing the deposit was for $8200.
The customer did not raise any dispute on the day and it was only three days later she became alarmed at what she considered a discrepancy.
The customer then attended the branch nine days later to raise a complaint, framed as an allegation of theft against the teller.
Investigations by the bank at the time, and since, confirmed that the bank handled $8200 in cash presented for deposit, with this value credited to her account.
Eventually, in early December, the aggrieved customer filed a complaint with police, once more alleging theft on the part of the bank.
Police attended the branch in response to the complainant’s allegation that branch staff had stolen her funds.
Police spoke to branch staff and reviewed the CCTV footage.
“Police observed no stealing [with] hands clearly shown throughout transaction” the AFCA determination relates.
The “TCR machine counts money and also weighs money. Two receipts [were] provided, a bank copy and a customer copy that states amount of money, and the customer signs it before accepting. Which the complainant had done.
“Police can confirm no stealing was completed as part of this transaction.”
Having then resorted to a complaint to AFCA, AFCA in turn obtained the CCTV footage from the bank, taken from a camera located behind the teller.
One facet of this dispute is that AFCA, in line with NAB’s request, did not share the footage with the customer. Rather, NAB provided more than 80 still images for AFCA to share with the complainant.
The complainant says the bank failed to properly investigate her dispute, but AFCA concluded “the bank investigated the dispute appropriately.”
The bank’s investigation included opening and checking the TCR machine.
“When the TCR was emptied on 18 October 2022, there were no funds found stuck inside. As it had not been opened since the complainant’s deposit, if the complainant was attempting to deposit more than $8200, then I would expect there to have been surplus cash found inside” the AFCA ombudsman ruled.
“The complainant has not shown any funds are missing … if the available information does not show the complainant likely deposited more than $8200, then the complainant’s claim for financial loss is not established.”
“An allegation of theft is a serious allegation and should be accompanied with strong and compelling evidence to support it” AFCA noted.
NAB made a goodwill offer of $2500 in compensation, which the customer rejected, and has since been withdrawn.