OMREB NEWSLETTER: NOVEMBER 2018

 Dear Member

OMREB Members requested that they would like a more regular update on actual cases that OMREB has dealt with.

In all the below cases the outcome would have been very different for the member had they not been represented by OMREB. OMREB employs highly qualified Consultants (majority of them have Legal degrees) with years of experience to represent you!

OMREB CASES

Here follows a summary of some of the interesting cases that OMREB has dealt with during the course of 2018.

Case number 1:

Member: Financial Adviser

Charge: Fraud

Outcome: Disciplinary Enquiry- Not Guilty.

The adviser had been accused of forging a client’s signature on a policy application. Old Mutual produced evidence from various clients, GFS and a handwriting expert. During the disciplinary enquiry the Union Representative made representations that disqualified the evidence relied upon by Old Mutual. The employee was found not guilty and immediately resumed employment.

Case number 2:

Member: Financial Adviser

Charge: Gross Insubordination

Outcome: Disciplinary Enquiry- Not Guilty

Old Mutual alleged that the financial adviser was underperforming and failed to obey a reasonable and lawful instruction. At the disciplinary enquiry Old Mutual relied on evidence of whatsappmessages and PRP documentation amongst others.

It was argued by the Union that the actions of the employee amounted to Insolence on the evidence. The Chairperson found that there was insufficient evidence to prove Gross Insubordination.  Accordingly the employee was acquitted of all charges.

Case number 3:

Member: Risk Management

Charge: Unauthorized absence & Dishonesty

Outcome: Disciplinary Enquiry- Not Guilty

Old Mutual brought evidence via email correspondence and turn-style records to the disciplinary enquiry. The Union representative queried the time delay in bringing charges forward and discredited the evidence submitted by the employer. The Chairperson found that there was insufficient evidence to find the employee guilty and recommended proper communication lines be opened by the employer.

Case number 4:

Member: Financial Adviser

Charge: Fraud

Outcome: Disciplinary Enquiry- Case withdrawn.

The adviser had been accused of forging a client’s signature on a policy application. The employer produced evidence in support of the allegation. A pre-liminary point was raised by the Union, according to case law, dismissal could not sustain itself on its own and would amount to failure of justice on the evidence produced. Thus the employer failed to discharge their onus.

Case number 5:

Member: Financial Adviser

Charge: Fraud

Outcome: Disciplinary Enquiry- Not Guilty.

The adviser had been accused of forging a client’s signature on a policy application. During the disciplinary enquiry the employer called witnesses to give evidence by telecom. During cross-examination it became apparent that the evidence was flimsy. The employee never made a statement to GFS and on a conspectus of all the evidence the employee won his case.

Case number 6:

Member: Financial Advisor

Charge: Misconduct

Process: Appeal

Outcome: Appeal- Decision altered. The dismissal was found to be unfair and the sanction substituted with a FWW. 

The adviser had been accused of not submitting business in time according to the rules. Old Mutual was permitted by the initial Chairperson to use ‘ambush’ tactics during the disciplinary hearing in respect of the introduction of evidence. During the appeal process the Union Representative made representations in respect of the fact that there were irregularities in respect of the discovery of evidence as well as the averment that the initial Chairperson had acted inappropriately in allowing the evidence to be admitted, further that the Chairperson had assisted the employer and had, in essence, asked questions in cross-examination rather than for the sake of clarity as is [only] allowed for. The employee was found not guilty and immediately resumed employment. The Union Representative further alleged that the initial Chairperson had not applied his mind and finally averred that in light of the procedural unfairness of the initial hearing that the initial decision was automatically unfair. The Union Representative conceded that although it was common cause from the minutes of the first hearing that the process had not been followed to the letter, that neither Old Mutual nor its client had suffered any damages whatsoever. The Union Representative argued that the sanction of dismissal was not appropriate and that the Chairperson should have applied progressive rather than punitive discipline. The new Chairperson after considering the facts re-instated the Financial Advisor with retrospective salary and benefits being an automatic remedy. The appeal process is in place for a reason and if you are a member of OMREB then our experienced Union Officials can guide you through the mine field of legal process and can, at times, avoid the CCMA process and resolve the matter at appeal level.

As you all know, employment law has become extremely technical and you should always contact OMREB for assistance. Our consultants are trained to help you and will support you during this process from the first day until the matter has been resolved. More and more non-members are contacting the OMREB office for assistance, offering OMREB back payment of subscriptions in order for us to represent them.  Please note that we cannot accept back payment they must – JOIN BEFORE THEY NEED US! The frustrating part is that in most instances we could have saved them their jobs if they belonged to OMREB!

Please remember to convince new employees in your department to join OMREB.  Attached is an OMREB application form for any of your colleagues who wish to join.

Should you need to contact the OMREB office for more information please do so on (021) 531 5470 or omrebcpe@mweb.co.za.

Below included is a list of topics covered in some of our previous newsletters.  In the event that you did not receive a copy of these newsletters, you can contact the OMREB office and we will gladly forward you a copy.

LIST OF SOME INTERESTING PREVIOUS OMREB NEWSLETTERS

• Poor Performance
• Pornographic Material
• Racism
• Old Mutual Dress Code
• Retrenchment
• Negligence/Gross Negligence
• Insolence and Insubordination
• Bullying in the Workplace: Part 1
• Bullying in the Workplace: Part 2
• Sexual Harassment:  Part 1
• Sexual Harassment:  Part 2
• Off Duty Misconduct
• OMREB Cases: Part 1 (2014)
• OMREB Cases: Part 2 (2014)
• OMREB Cases: Part 3 (2014)
• OMREB Cases: Part 4 (2015)
• OMREB Cases: Part 5 (2015)
• Social Media – Warning
• OMREB Cases: Part 6 (2016)
• Family Funeral Cover – benefit for all staff obtained by OMREB
• OMREB Cases: Part 7 (2017)
• OMREB Cases: Part 8 (2017)