(LL23-2023) Employers refusing “garnishee” orders & enquiries relating to POPI

MODULE

Pre-reading material

Video presentation

Training manual

Online assessment

TIME

Reading (15 minutes)

Video (45 minutes)

Online assessment (15 minutes)

ASSESSMENT

Online (15 minutes)

Multiple choice

Written assessment

AVAILABILITY

On demand

24/7 availability

Email support

Virtual training

• Explanation of how the emoluments attachment order (“garnishee”) process works
• Service of the emoluments attachment order on employee and the effect thereof
• Usual time periods for deductions (payment runs)
• Non-compliance with an emoluments attachment order – how to report non0compliance and what will happen next
• Duty and responsibilities of maintenance officers relating to non-compliance employees
• Documents that needs to be completed and explanation of the process
• Examples of court documents explained
• Issues relating to POPI – what does the law say?
This section contains pre-reading material that you should read through at your leisure before the webinar.  The webinar handout you would find on the next tab – we suggest that you download and print the handout / webinar material before the start of the webinar as we will be referring to sections in the handout during the course of the webinar.

 

• Pre-reading material: Things you should know before you apply for child maintenance 
• Blank J101 application form  
• Bannatyne v Bannatyne and Another (CCT18/02) [2002] ZACC 31; 2003 (2) BCLR 111 ; 2003 (2) SA 363 (CC) (20 December 2002) 

This section contains the slideshow (if used), webinar handout and important resources that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience.

 

• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

• Handout: How to deal with employers refusing “garnishee” orders & enquiries relating to POPI

• Slides: How to deal with employers refusing “garnishee” orders & enquiries relating to POPI

• Financial Disclosure Form (in Word)

• Case law: African Development Bank v TN (A479-2017) [2018] ZAGPPHC 672

• Form O J448 Notice to employer

 

(LL03-2023) How to complete the J101 maintenance application form

Your first name:
Your last name (surname):
Your email address:
Your job title:
In which your do you operate?
The Maintenance Act is the most important instrument of enforcement of maintenance in South African law.
Which section of the Constitution protects the right of children?
Where could complaints obtain the J101 form?
Give your understanding of what paragraph 15 of the DOJ Codified instructions, code family courts –maintenance 26/2015 means:
What happens if the complainant does not have the details (work or home address) of the other parent?
If the children lives with a caregiver (such as a grandparent) can they claim maintenance?
I am asked how much (amount) the claimant can get for maintenance. How would you answer?
Can a complainant claim winter / summer / Christmas clothes as part of the maintenance order?
How is the expenses split between the parent and the children? Which approach is followed in Courts?
Name 3 difficulties that complainants encounter when completing the J101 form:

Introductory training video

Maintenance officer specific training video

If your have any enquiries / questions relating to this module, please send us an email using this form and one of our panel of attorneys will respond within 24 hours.