doubletrouble
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A former employee of Nedbank has been ordered to repay the bank ‘an unexpected windfall’ of more than R1m after he was accidentally double paid for more than two years.
A TimesLIVE report says Gerald Forbes was initially employed at the bank as a data warehouse manager in a part-time position in which he was paid by the hour.
But after he was permanently employed at a fixed salary, he continued to receive the part-time income.
While he accused the bank of ‘negligence’, Gauteng High Court (Johannesburg) Acting Judge Sesi Baloyi has granted judgment against Forbes in favour of the bank. He has also been ordered to pay interest at a rate of 10% on each of the 26 over-payments, which ranged from about R36 000 to R46 000, from when he received them.
Baloyi said it was common cause Forbes did not alert the bank about the double payment for the same work.
She said anyone opposing summary judgment had to put up a bona fide defence.
In this matter, she said, the bank relied on the employment contract which stipulated that Forbes had to act in its best interests, in good faith and with honesty. It included a clause that if he became aware of any irregularity he had to report it immediately to his manager. It also stipulated that he would repay any over-payments made to him, without qualification.
Baloyi said this negated his ‘negligence’ defence and other issues he raised were ‘not good in law’.
The judge said the schedules of remuneration clearly showed he continued to be paid an amount identified as ‘temp staff pay’.
With regards the interest, the judge said Forbes became liable to repay the bank as soon as he received and became aware of each over-payment, and thus interest was due from each of those dates, notes the TimesLIVE report.
www.southafricanlawyer.co.za
A TimesLIVE report says Gerald Forbes was initially employed at the bank as a data warehouse manager in a part-time position in which he was paid by the hour.
But after he was permanently employed at a fixed salary, he continued to receive the part-time income.
While he accused the bank of ‘negligence’, Gauteng High Court (Johannesburg) Acting Judge Sesi Baloyi has granted judgment against Forbes in favour of the bank. He has also been ordered to pay interest at a rate of 10% on each of the 26 over-payments, which ranged from about R36 000 to R46 000, from when he received them.
Baloyi said it was common cause Forbes did not alert the bank about the double payment for the same work.
She said anyone opposing summary judgment had to put up a bona fide defence.
In this matter, she said, the bank relied on the employment contract which stipulated that Forbes had to act in its best interests, in good faith and with honesty. It included a clause that if he became aware of any irregularity he had to report it immediately to his manager. It also stipulated that he would repay any over-payments made to him, without qualification.
Baloyi said this negated his ‘negligence’ defence and other issues he raised were ‘not good in law’.
The judge said the schedules of remuneration clearly showed he continued to be paid an amount identified as ‘temp staff pay’.
With regards the interest, the judge said Forbes became liable to repay the bank as soon as he received and became aware of each over-payment, and thus interest was due from each of those dates, notes the TimesLIVE report.
Ex-employee ordered to pay back R1m over-payment | South African Lawyer
A former employee of Nedbank has been ordered to repay the bank ‘an unexpected windfall’ of more than R1m after he was accidentally double paid for more than two years.
www.southafricanlawyer.co.za
