BEING FIRED FOR HAVING TOO MUCH DEBT

[Catz]

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!

[Citizen X]

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

[Dave A]

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.

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:

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.

[Catz]

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.

[Citizen X]

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."

[nkawit]

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