Asked by the Customer on 23-04-2014 17:34:53
Question posted in the General Law category relating to Eastern Cape
Question posted in the General Law category relating to Eastern Cape
My domestic has a garnishing order against her.
As her employer, what are my rights if she is is not in my employment before the end of the garnish order payment period?
Is the remaider owed on my shoulders or does the order responsibility follow my domestic?
Regards
Duncan
As her employer, what are my rights if she is is not in my employment before the end of the garnish order payment period?
Is the remaider owed on my shoulders or does the order responsibility follow my domestic?
Regards
Duncan
Message from the Attorney
Posted by Att. Patrick on 26-04-2014 17:06:29
Hi there and thank you for your question,
The garnishee order only binds you (or applies to you) for so long as your employee is actually employed by you. If for some reason your domestic leaves her job, and you no longer employ her, there is no way that the attorneys acting for the judgment creditor can still require you to pay anything to them.
Your obligation is only to deduct an amount of money from your domestic's salary (and pay it over to the attorneys) for so long as she is employed by you.
The remainder of the debt follows your domestic worker - and when she finds a job somewhere else, the attorneys will need to get a new garnishee order for the new employer!
You should however write to the attorneys and advise them that your domestic is no longer working for you, if that is the case.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
The garnishee order only binds you (or applies to you) for so long as your employee is actually employed by you. If for some reason your domestic leaves her job, and you no longer employ her, there is no way that the attorneys acting for the judgment creditor can still require you to pay anything to them.
Your obligation is only to deduct an amount of money from your domestic's salary (and pay it over to the attorneys) for so long as she is employed by you.
The remainder of the debt follows your domestic worker - and when she finds a job somewhere else, the attorneys will need to get a new garnishee order for the new employer!
You should however write to the attorneys and advise them that your domestic is no longer working for you, if that is the case.
If there is a part of the answer which you need more advice on, or clarity please continue in this same thread instead of opening a new question.
Att. Patrick
Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. I hope you found my answer helpful, and you have finished asking your questions, please click on the GREEN ACCEPT button in order to mark the question as closed.
Answer Accepted
This answer was accepted on 26-04-2014 18:21:52
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