The Labour Court turned down a bank official’s bid to get her job back. File image
A FORMER bank official who was fired after she used her own funds to open 99 “MyMo” accounts to meet her sales targets, has failed in her bid to get her job back.
Natasha Neville, represented by her union, the South African Society of Banking Officials (Sasbo), asked the Johannesburg Labour Court to overturn the decision of a commissioner at the CCMA, which found her dismissal to be substantively fair.
Neville was employed as a universal banker (UB) at Standard Bank, which amalgamated several roles into one, including that of clerk, sales consultant, and service consultant, but she was subsequently promoted to a team leader.
Every UB was required to meet a sales target. In particular, they were required to solicit customers and have them agree to open a “MyMo account”. The account had low bank charges and was designed for customers with limited financial resources.
The accounts were designed by the bank to rebuild its lost market share in the low-income sector. The purpose was to generate income for the bank through new customers and the regular use of such accounts.
However, even if an account was dormant, the bank continued to levy monthly fees of R4.95 for as long as the account remained open.
Each UB was expected to open 10 new MyMo accounts every week. However, each new account would only count towards the target once activated through a “customer-initiated credit transaction”. For the bank, this meant that the customer must make a single deposit into the account.
The bank was informed by a whistle-blower that the bankers were using their own personal funds to activate the MyMo accounts in order to meet their sales targets. An investigation revealed that a large number of bankers had engaged in the practice across the country.
The bank instituted disciplinary action against the bankers engaged in the practice and informed the regulatory authorities, including the Financial Services Conduct Authority and the Prudential Authority. As a result, the bank was labelled “high risk” by the regulatory authority.
During her time as UB, and prior to her promotion to team leader, Neville had activated 99 accounts using her own personal funds – when the rules of the bank dictated that the accounts must be activated through a “customer-initiated credit transaction”.
Of these, 13 accounts had been opened by other bankers but activated by the applicant using her own funds.
Facing a disciplinary hearing, Neville said she understood what she had done was wrong, but she said as UB, she was under a lot of pressure to meet her targets. She was, however, fired and unsuccessful in her CCMA bid.
It was argued on her behalf before the labour court that the commissioner misunderstood the nature of dishonesty and failed to consider her remorse.
She also complained that while other bank officials also engaged in the same practice as her, the bank was inconsistent in its discipline as only she was fired.
The court, however, found that the commissioner’s decision was reasonable and her claim of inconsistent treatment was dismissed.
Cape Times
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