Good dayIn 2021 I was dismissed from one...

Asked by Alfred Themba Radebe on 24-10-2022 12:01:29
Question posted in the General Law category relating to Northern Cape

Good day

In 2021 I was dismissed from one of SA prominent Bank.

The reason for my dismissal which I admitted to was the fact that I transferred money from 2 clients accounts to my cousins account with the intention of settling my debts so that I  could qualify for a Revolving Credit Plan at a high amount and return the funds I took to customers accounts which was R40 000.

Both customers were refunded by the bank and I signed .y provident fund to the bank to pay off the amount refunded to both clients. I was not charged with Fraud  bit I was charged with Dishonesty and Failing to comply with the principles of integrity which is a requirement for Financial Advisory and Intermediary Services (FAIS). I was therefore debared from rendering Financial Services for 12 months from 10 March 2021 - 10 March 2022.

But the thing is that when I made those transfers, both of them were authorized by my co-worker without completing due-deligence as required by the banks policies and procedures. The bank policies clearly states that one will be dismissed for such incidents but I was the only one who was dismissed. I had no written nor verbal warning recorded during my period with the bank  and that was my first incident. However, my co-worker was on her last warning when all this happened.

In my statement, I vouched for her to say that she didn't know what she was authorizing and she was not my partner in all of what happened because I was trying to save her job. Even so, she was obligated to perform due-deligence before authorizing as mandated by the banks policies and procedures.

In the branch, we were 4 team members. 2*Universal Banker's, 1* Cash Consultant and 1*Branch Manager. We should have been both fired but the bank didn't follow their own processes and fired one individual because had we both been dismissed, the branch would have not had a sales consultant/ Universal Banker. It would have been only the Branch Manager and a Cash Consultant only. I think they bend their own rules and regulations to keep 1*Universal Banker to the benefit of the branch.


Do you think that I have a case against the bank for unfair dismissal even though I was guilty but the fact the the bank bend over their own rules and regulationsn, policies and procedures makes my case void?

If you would like to view the entire answer, you will need to either login or register a FREE account.


DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.