Results 1 to 6 of 6

Thread: BEING FIRED FOR HAVING TOO MUCH DEBT

  1. #1
    Junior Member
    Join Date
    Jan 2012
    Location
    Roodepoort
    Posts
    12
    Thanks
    2
    Thanked 1 Time in 1 Post

    BEING FIRED FOR HAVING TOO MUCH DEBT

    I just heard of a situation where a young mother could possibly be fired because she has too much debt. She works for a company who trade in Satrix shares and inputs the buying of shares into client databases. apparently she is now a huge risk. Her husband says that her letter of appointment actually states that if there is debt which cannot be adequately serviced, her services will be terminated. Surely it is unconstitutional to place a person in a worse-off situation by taking their job away from them? I understand where the company is coming from, but why assume that an employee who is deep in debt is a thief? I dont believe this is within the labour law, but I confess I am no expert in any way. What advice could I possibly pass onto this young couple? They are both very low income earners. thanks in advance!

  2. #2
    Diamond Member Vanash Naick's Avatar
    Join Date
    Sep 2011
    Location
    lenasia
    Posts
    3,281
    Thanks
    849
    Thanked 693 Times in 607 Posts
    Blog Entries
    2
    There's different ways to argue this. Firstly any dismissal must be both substantively and procedurally fair.
    1. The legal question to be addressed here is Can we dismiss an employee who is in a position that amoung other things requires financial management and decisions regarding the financial management function or responsibility over money or it's distribution?
    2. I know that banks closely monitor their employees ITC records
    3. In principal , an employer could justly dismiss an employee who is in debt with the surrounding circumstance that this person is reponsible for making financial decisions in the best interest of the company and moreover the terms and conditions of employment included being itc clear;
    4. However, this does not leave the dismissed employee without recourse to the law. Should the dismissal indeed take place, the employee can sucessfully argue at the CCMA or labour court that she carried out all her duties to the full standards of the company and that therefor this rule of the company is unreasonable;
    It really depends on how one argues the matter
    2
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
    vanash.naick@gmail.com
    TFSA Disclaimer
    Local Music with a grassroots touch


  3. Thanks given for this post:

    Catz (10-Feb-12)

  4. #3
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,980
    Thanks
    3,055
    Thanked 2,463 Times in 2,068 Posts
    Blog Entries
    12
    Quote Originally Posted by Catz View Post
    They are both very low income earners. thanks in advance!
    That staggers me if the trust and responsibility attached to the position is so significant as to warrant the employer's concern.

    Quote Originally Posted by Catz View Post
    Surely it is unconstitutional to place a person in a worse-off situation by taking their job away from them?
    It's also reckless to ignore a situation where temptation might get the better of a person. I suggest the young mother should do her very best to reassure her emloyer, and I wish her good luck.

    If it doesn't work out:
    Quote Originally Posted by Vanash Naick View Post
    It really depends on how one argues the matter


    It's also possible the employer might be willing to take the hit if it's the lesser of two evils - particularly if the potential for losses on their part are really significant.
    The trouble with opportunity is it normally comes dressed up as work.

  5. #4
    Junior Member
    Join Date
    Jan 2012
    Location
    Roodepoort
    Posts
    12
    Thanks
    2
    Thanked 1 Time in 1 Post
    I agree on all counts. The great thing is she is so willing to learn and postively wants to make this job work for her and her company. I found out from her husband that she essentially is a data capturing clerk. Be it as it may she is fighting her cause and I pray that for both her and her husband things work out okay. Thanks for your input.

  6. #5
    Diamond Member Vanash Naick's Avatar
    Join Date
    Sep 2011
    Location
    lenasia
    Posts
    3,281
    Thanks
    849
    Thanked 693 Times in 607 Posts
    Blog Entries
    2
    The greatest philosophers debated extensively as to what true justice really is. I too will keep her in my prayers and hope that all "things work together for the good."
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
    vanash.naick@gmail.com
    TFSA Disclaimer
    Local Music with a grassroots touch


  7. #6
    Bronze Member
    Join Date
    Dec 2011
    Location
    Cape Town
    Posts
    182
    Thanks
    0
    Thanked 16 Times in 14 Posts
    Quote Originally Posted by Vanash Naick View Post
    3. In principal , an employer could justly dismiss an employee who is in debt with the surrounding circumstance that this person is reponsible for making financial decisions in the best interest of the company and moreover the terms and conditions of employment included being itc clear;
    Funny .... one of our clients that we terminated a contract for because he couldn't pay is now a financial adviser to one of the major financial institutions in South Africa, guess what he specializes in? money & wealth management
    █► AllWorldIT ~ www.allworldit.com ~ International IT Solutions
    █► Wholesale ADSL & Hosting, VPNs, Firewalls, Online Backups

Similar Threads

  1. Debt: Legally cancelling a debt over 3 years old
    By Vanash Naick in forum National Credit Act Forum
    Replies: 143
    Last Post: 05-Jun-15, 12:13 PM
  2. Debt Collector chasing 9 year Old Debt
    By Maryke in forum Business Finance Forum
    Replies: 5
    Last Post: 06-Jan-12, 11:03 PM
  3. Find a debt registered debt counsellor
    By Eugene in forum National Credit Act Forum
    Replies: 0
    Last Post: 05-Jul-07, 08:11 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •