Despite warnings and guidelines from the Regulator, it appears that personal vendettas are in some instances a stronger driver than legal obligations. I received the following enquiry from a reader on 7 March:
I worked at ABC insurance brokers from October 2014 until February 2015. I resigned on the 27th February and started at XYZ Insurance. Today I found out from XYZ that they received a notification of debarment. I have not been informed about this and had no chance of defending myself. I went to ABC to find out on the grounds of the debarment, but was sworn at and chased off the premises. I do not know what to do and need help and advice.
There are, as always, two sides to every story. From the dates above, it appears impossible that the required disciplinary hearings could have been held. Copies of such a hearing must accompany the request for debarment.
I suggested to the reader that he approach the FSB and/or possibly the CCMA.
Over the weekend I received the following information from him:
There seems to be no justice. Every avenue I tried failed. Neither the CCMA nor the FSB can help me. Looks like ABC is getting away with murder. I have been debarred and still don’t know on what grounds. I was not made aware of anything and no hearing or disciplinary charges were laid against me. Is there any way you can help me? I am pleading for help.
As sad as it is, there is nothing we can do from our side, other than just to remind FSPs of their legal obligations, and common human decency. Most representatives lack the financial means to get legal aid, which often leaves them destitute, and very little chance of gaining employment in the industry again.
We covered this issue extensively in previous articles. Please click here to download a report on two cases that ended up in court. It also contains a link to the guidelines published by the Regulator.