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Thread: Employee consent to "Garnishee" order

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    Employee consent to "Garnishee" order

    i'm not sure of legal terms to be used. Basically what i'd like to know if there is any process that compels the employer to deduct an amount from the employee's monthly salary to pay over to the Landlord of the employee (rental for accommodation) & this with the employees legal consent that cannot be then reversed by employee. The only person that can reverse this would be the landlord.

    Reason for this is that the employee cannot manage his moneys. Certain vices!

    Advice needed

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    Diamond Member Vanash Naick's Avatar
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    A very good evening to you Flaker,

    A difficult one!

    This is what I see: I see an employer that is genuinely concerned for the well-being of an employee. I deduce that the employer only has the best interest of the employee in mind i.e. the employer doesn’t want to see the employee continue in his vice(gambling, drinking etc) to such an extent where the employee has lost his job and is out on the streets.
    There are remedies but I’m afraid that from what I can see they won’t apply without infringing many of the employee’s rights. The most common right(if you excuse the pun) is the common law duty of the employer to pay the employee in exchange for work done.

    Voluntary Sequestration could work(but this is certainly not the appropriate remedy given the facts and circumstances). One has to have a reasonable amount of assets for a creditor and a court to allow for sequestration, one must therefore have substantial creditors. I suspect the employee in question earns under 10 k per month and has very little assets but more importantly not many creditors. Therein lies your problem.
    If I were in your position I would rather address the root cause of the employee’s problem i.e. drinking rehabilitation etc.

    I suspect that the employer doesn't want to go the typical judgement route and get an emolument order(garnishee) that way. For this to work, the employee must be a debtor who owes money. Again, it won't be worth the employer's while, if the amount owed if 5 K etc.
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
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    No,no Vanash Bhaya. Not the sequestration route. the employer & Landlord are 2 separate persons. the idea is to make certain that guy's family are not evicted. Attorneys letters & summons etc for non-payment of rental are very regular occurrences.

    Faced eviction before July for a good few months non-payment. Some benefactors got together & salvaged the situation. Well,u know what happened in August, he gets his July salary and the August rental is not paid. Back to square one.

    As for tackling the root cause, over 40 years attempts have come to nothing

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    Diamond Member Vanash Naick's Avatar
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    Good morning Flaker

    If he continues with his adverse behavior or he persists in not managing his affairs reasonably such as paying his rent and responding to demand letters, the ultimate consequence will be that those attorneys will proceed with an eviction order in terms of “PIE.”

    This is why he needs to get his act straight
    'The benefactors, ' are going to reach a point where they will no longer assist him as they no doubt can see that their noble efforts are coming to nothing.

    As mentioined a very difficult one as there is the survival of a family at stake as a direct result of the bread winner not conducting himself reasonably. He simply must respect his circumstances. It's always a good thing to help, especially when friends and family are involved. The problem and challenge is that there is really only so much a concerned third party can do, the alternative is striking: Others will need to pay his debts and I doubt that anyone in this picture will be happy to do so indefinately..
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
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    Diamond Member Vanash Naick's Avatar
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    There is a simple and inexpensive route: A general power of attorney in which his spouse is chosen as the agent who will manage his financial affairs. The problem is that he will have to willingly consent and sign as principal in the presence of two witnesses.
    “The philosophers have only interpreted the world, in various ways. The point, however, is to change it.” Karl Marx
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    Platinum Member sterne.law@gmail.com's Avatar
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    If I understand the question correctly, you want to know if the employer can pay money to a third party directly provided it is with the employee's consent.
    If this is so there is no problem as the employee enters into a contract. It is no different to an employer paying union fees.
    Provided it is informed consent to entering the contract and not unduly influenced.
    Although there would be a contract it would be prudent to ensure that he can pay the amount. The contract needs to conform to normal contractual requirements, clear and not against public policy being the most relevant in this case.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Quote Originally Posted by Vanash Naick View Post
    There is a simple and inexpensive route: A general power of attorney in which his spouse is chosen as the agent who will manage his financial affairs. The problem is that he will have to willingly consent and sign as principal in the presence of two witnesses.
    I happen to know the spouse. So that will not work.
    Sterne-Law option might be feasible , getting him to sign such contract whilst dangling the carrot of helping in paying current debt.

    thanks guys .

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