IBSA Cape Town Office
Unit 35, Viking Business Place,
Thor Circle,
29 Thornton,
7475
Insurance & Banking Staff Association
Member: Financial Adviser
Nature: Gross Insubordination
Outcome: Disciplinary Enquiry
– Not Guilty.
The employer alleged that the financial adviser was underperforming and failed to obey a reasonable and lawful instruction. At the disciplinary enquiry the employer relied on evidence of whatsapp messages 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.
Member: Manager
Nature: Unauthorized absence & Dishonesty
Outcome: Disciplinary Enquiry
– Not Guilty
The employer 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.
Member: Financial Adviser
Nature: 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– Case withdrawn.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.
Member: Financial Adviser
Nature: 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.
Member: Financial Adviser
Nature: Fraud
Outcome: Disciplinary Enquiry
– Charges withdrawn.
The adviser had been accused of submitting false S&T claims but under cross-examination the company, after they had closed their case, had not submitted sufficient evidence to back up their claims. The rule/law of evidence was argued and the charges were withdrawn.
Member: Financial Adviser
Nature: Fraud, Gross Dishonesty & Breach of common law duty of trust, Breach of procedures
Outcome: Disciplinary Enquiry
– Not Guilty.
The Advisor had been accused of a breach, as there was more than one client with the same banking details. Under cross-examination they could not prove that the clients were interviewed satisfactorily and they could not prove that there was no insured interest. The member was found not guilty on all charges.
A registered trade union in the Insurance and banking industry. Our hope is to achieve a healthy democracy by engaging our members ensuring their rights.