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Hi, what is the protocol for employers deducting and paying over a garnishee order on behalf of an employer? Is there a stipulated amount/percentage that can be deducted? Thanks Sue
Optional Information: Province: KZN Already Tried: Dept of Labour
Good day. This is an info request to assist you better. Please continue on this thread.Could you elaborate a little on precisely what you mean? Meaning, a percentage of salary or percentage of garnishee that you can hold back for administrative fees?
% of salary that can be held back for admin fees. Also if for e.g. a person earns R5000/mnth and the garnishee request if for R1000 (20% of earnings) is this allowed or is there a limit to the % per earnings that can be deducted?
You are obligated to pay the amount on the garnishee order. You have no discretion to pay less than the amount on the order, unless the employee, after his other deductions, does not have sufficient remuneration to pay the amount on the order. In your example, say that there is already R 4500 deductions worth on his salary, you have no obligation to pay the excess on your part.It is for your employee to make application to the court to have the amount reduced to an amount that he can manage with. There is, however, no law that says that you cannot contact the attorney of the Judgment Creditor and request, on behalf of the employee, that the amount must be reduced to a level that he can manage. Where this is refused, the employee is left with little other choice than to approach the Court to assist him in reducing the amount.
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Experience: L.LB, Civil and criminal litigation, contracts, labour and family law