FNB manager debarred for sending himself data of high earning clients after resigning to work for rival company

A former First National Bank (FNB) manager who had resigned to work for a competitor, was debarred from working in the financial sector after he sent sensitive client information to his personal email account.

Christo Wiesner, who had been with FNB since 2010, tendered his resignation to join a competitor in January 2024. 

Before his resignation, he signed the bank's Confidentiality and Non-Solicitation Agreement and further internal policy documentation in August 2023.

However, while he was serving his notice period, Wiesner sent two emails from his work email to his private Gmail account.

The bank said the email contained confidential information concerning its customers, and the second email contained a confidential list of its high earning customers as well as their source of funds and wealth.

Wiesner was suspended pending an investigation and potential disciplinary action.

He was subsequently found guilty, and the chairperson recommended his dismissal, debarments, and his registration on the Register of Employees Dishonesty System (REDS).

Before the debarment, he was invited to make representations, and he did. 

Wiesner maintained that he had "committed a genuine error for which he immediately and contritely apologised".

However, he was unsuccessful and was debarred in July 2024.

He sought relief at the Financial Service Tribunal (FST) to overturn the bank's decision.

During the hearing, the FST said Wiesner breached the Financial Advisory and Intermediary Services Act requirements (FAIS), and it was held that his argument citing error for the email was not enough.

"The argument that it was sent in error is similarly unhelpful to the applicant's (Wiesner) case. Even on the most charitable interpretation of the facts, the tribunal agrees with the respondent (FNB) that the so-called "error" impugns the applicant's fitness to act as a FAIS representative," read the judgment.

It was further held that Wiesner's conduct indicates a lack of integrity.

"In the circumstances, the tribunal can find no grounds to interfere with the respondent's decision to debar the applicant," said the tribunal.

sinenhlanhla.masilela@iol.co.za

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