We recently had an enquiry on how to handle a garnishee order for an employee who is suspended without pay and, on reviewing the Act and referral to our Garnishee team, we feedback as follows:
The Act is not clear, but we are advising our clients to inform the collecting agent that the employee is suspended without pay and, as a result, the deduction cannot be made. Once the hearing or disciplinary process is complete, and the employee is dismissed, the collecting agent is to be informed of the dismissal and that no further deductions will be made for this employee.
If, however, the employee is re-instated, it is likely that their pay will also be re-instated for the period that they were suspended. In this case, the deduction is to take place and the collecting agent informed that the employee is back at work and that deductions will continue.