AR
Ashlin R

1 reviews | Active since Oct 2024

19 Aug 2026, 09:42

Failure to Comply with Statutory Obligations – Certificate of Service

I am writing to formally log a non-compliance complaint regarding my outstanding request for my complete employment history, roles, and dates of service (Certificate of Service).

Despite submitting a formal request via your designated channels—which carries an explicit 2-day Service Level Agreement (SLA)—the SLA has lapsed without any fulfillment, notification, or valid justification from your department.

Please be reminded of the following legal and statutory obligations: • Basic Conditions of Employment Act 75 of 1997 (BCEA), Section 37: Mandatory provision of a Certificate of Service upon termination of employment, detailing full name, employer details, period of employment, job title, and remuneration at termination. • Protection of Personal Information Act 4 of 2013 (POPIA), Section 23: The statutory right of a data subject to request confirmation of whether an responsible party holds personal information, along with the precise record of that data.

FNB’s failure to meet its own internal SLA, alongside non-compliance with the BCEA and POPIA, constitutes an unreasonable administrative delay and a breach of statutory duties.

I demand that my full Certificate of Service and comprehensive record of employment history be provided to me within twenty-four (24) hours.

Should you fail to supply these records within the stipulated timeframe, I will escalate this matter without further notice by:

1. Lodging a formal complaint with the Department of Employment and Labour for non-compliance with Section 37 of the BCEA. 2. Escalating a complaint of non-responsiveness and interference with data access rights to the Information Regulator (South Africa) under POPIA.

I trust you will treat this matter with the urgency and legal compliance it warrants.

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Replies (2)
AR
Ashlin R's update19 Aug 2026, 11:33
Reviewer Update
This compliant has been closed by FNB yet it has not been resolved???
AR
Ashlin R's update19 Aug 2026, 20:38
Reviewer Update
The document provided does not contain any FNB letterhead or signature whatsoever thus rendering it unusable. This needs to be rectified. FNB HR is extremely unprofessional and ***********!