employee frauds cases south africa

Thereafter you will be billed R75 per month. What are examples of workplace fraud and how is it proved? She was shot multiple times inside her car soon after dropping her daughter off at school and her story has become a rallying call. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. The procedural requirements which employers must meet are that an investigation must be held; employees must be notified of the allegations against them using language they can reasonably understand; employees must be able to respond to the allegations, and be given a reasonable amount of time to prepare such response whereafter an independent decision-maker must decide whether the employee has acted as alleged and whether dismissal is appropriate. However, there must be some evidence before the Special Court that he was so satisfied, otherwise there is no displacement of the immunity conferred on the taxpayer by the proviso to s 79(1) and the opening words of para. Oops! Although we take great care to ensure that the information on our website is accurate and up to date, readers are advised to always consult with a Labour Law Practitioner before acting on the information. After killings, calls to protect S. Africa's whistleblowers Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. This week, the former head of the state-owned electricity utility, a company brought to its knees by mismanagement and corruption, appeared at a parliamentary hearing virtually from an undisclosed location because of fears for his safety, he said. On review the Labour Court (LC) dismissed the employer's application to set aside the award. This material may not be published, broadcast, rewritten or redistributed. Where possible, people should use employment agencies to source helpers. In June 1923, the United States government charged, tried, and convicted Marcus Mosiah Garvey (1887-1940) - National Hero of Jamaica, political activist, and movement leader - of mail fraud for allegedly selling stock of his own shipping and passenger company, the Black Star Line. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. 18. "Fraud" is a criminal charge and has criminal elements to prove. Financial Crime in South Africa: Overview | Practical Law He was found guilty and he was dismissed on 10 April 2014. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. Then he goes explain what employers need to be able to prove to sustain a case, when there is a dismissal dispute lodged at the CCMA. Remembering that the fraud began in 2012, Skosana was in and out of court. hXmo6+pw@.uvAD# More arrests in Thabo Bester prison escape case In light of this situation, the e-commerce fraud . The 2020 fraudulent and dishonest claims statistics, released this week by the Association for Savings and Investment South Africa (Asisa), show that 2020 saw 3,186 cases of fraudulent and. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. Go to: www.labourlawadvice.co.za. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. However, it can often be the case that businesses are not as prepared to deal with cases of fraud that have been committed from within the company and lack clear and fully implemented processes in place. His son, Thomas Murray, who worked with his father, was declared dead at the scene. a) thereof. Security breaches took a heavy toll on the industry, whose losses to online payment fraud were estimated at 20 billion U.S. dollars that year. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. The moment that any serious allegations of misconduct are suspected or have been discovered against an employee is exactly when an employer must take action, said Hinxman. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. "The complainant reported that she got information that her 26-year-old employee has photos of her documents [ID, bank card and an actual photo] on her (the suspect) cellphone. Elevate responsibility for platform risk management Platform fraud requires executive attention and an integrated, enterprise-wide response strategy with a focus on resilience as its foundation. Employment law update - Competent verdict - employee charged for Choose from our range of newsletters to get the news you want delivered straight to your inbox. On review, the Labour Court upheld the decision of the commissioner. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. However, employers may need to begin to rethink their idea of what an enquiry should look like, while still meeting the procedural fairness required in terms of the Labour Relations Act (LRA), particularly as the Covid-19 pandemic and remote work have changed the work environment.. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. Fraud is a criminal charge and has criminal elements to prove. The ombud investigated more than 2,880 banking fraud related cases last year, an increase of 7.5% from 2020. In times of uncertainty you need journalism you can trust. It is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. New court case deals with a South African worker who was fired - but PDF THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE %PDF-1.5 % He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. But in his State of the Nation Address this year, President Cyril Ramaphosa acknowledged shortcomings and the need to strengthen the witness protection unit. What is required to prove "fraud" in a disciplinary enquiry? The man was arrested in the early hours of Wednesday by the serious corruption investigation unit and was expected to appear in the Potchefstroom Magistrates Court to face charges of fraud and money laundering. Go to: www.labourlawadvice.co.za. Grants are paid out based on a grant payment schedule. There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? A domestic worker has been arrested on a fraud charge in Mpumalanga after she allegedly took photos of her employer's important documents, ostensibly to use it for criminal purposes. The Provincial Head of the Directorate For Priority Crime Investigation Mpumalanga Major General, Zodwa Mokoena applauded the Investigating and Prosecuting teams for the conviction. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. Then explains how one employer was able to successfully defend against an allegation of unfair discrimination, and another employer could not defend against a dismissal that was found to be an automatically unfair dismissal. Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. Photo credit: Image by Mohamed Hassan from Pixabay. Play daily crosswords, sudoku, puzzles, and more. US Court Orders South African Firm's CEO to Pay $3.4 Billion for 3 0 obj WASHINGTON (Reuters) - A federal judge in Texas ordered the head of a South African firm to pay a whopping $3.4 billion for what the U.S. commodities regulator said was its largest-ever fraud case . Six men have been charged with murder in her killing. WATCH | Oh buoy! It might be argued that this was a type of fraud in the sense that he would have gained from it by dishonestly avoiding having to do the work necessary to complete the sample check. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. (1) Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act. For millions of South Africans who depend on Sassa's social grants, the start of a new month means grant payments have begun. We live in a world where facts and fiction get blurred. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * That is the stern warning issued by UIF Commissioner Teboho Maruping, who has welcomed the recent conviction of a couple who cheated the UIF's Covid-19 Temporary Employer-Employee Relief Scheme (Covid-19 TERS) out of more than R10 million. Podcast series: click here to find them all. READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. The specialist accountant and liquidator, 57-year-old Cloete Murray, was working on the financial accounts of a company that was heavily implicated in allegedly bribing government ministers and others to win huge state contracts. The annual International Fraud Awareness Week last November highlighted an increasing problem that organisations around the world are . Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. All JSE data delayed by at least 15 minutes. He died in the hospital. Thereafter you will be billed R75 per month. The compensation fund is a public entity under the administration of the Department of Labour. b\eX3x|NUGU=+P#I ;I{>N|Uf|+x;y"8c"Y^fb'evx_fIS4e6-;~$u6me;4ug'fNu3-+cBjNi?ymYiur'wev~o)'lq9N0yx6i,:s^Vb} KBqd}zUMO[\E06].D+aDaYs |ikAy8,Q1U"TtH,z6>rONA{8ORi{{8JCG&6h%pSy=F>=#|z9 Nw(s/t9v@9^ On review to the Labour Court The Court finding that the CCMA - misconstrued the nature of the enquiry it was enjoined to undertake. Failure to do so properly can result in the dismissed employee being reinstated simply because the employer failed to prove the employees guilt at the CCMA or bargaining council. The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. JOHANNESBURG (AP) An accountant working on a high-profile corruption case was killed along with his son by unknown gunmen while traveling on one of South Africa's main highways. In the absence of a clear and credible reason for making such an alleged error I would submit that the balance of probabilities are that the employee completed the check form intentionally and that he did so dishonestly in order to make it appear that he had completed the check. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. In this matter, an employee was charged with misconduct for being absent for four or more days without a valid reason, noted law firm Webber Wentzel. After killings, calls to protect S. Africa's whistleblowers Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. gunmen while traveling on one of South Africa's . Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". Who needs to preside over these proceedings? Pretoria, 21 February 2020, Two Cape Town businesspersons were sentenced to 16 and 17 years respectively direct imprisonment in the Cape High Court earlier today. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. Podcast series: click here to find them all. ", Levels of public confidence in our law enforcement capabilities, not to mention the political will to hold criminals and the corrupt accountable, have dropped to an all-time low, Corruption Watch executive director Karam Singh said. We pay cash for videos. He found Mr Ngcobo guilty of negligence, sanctioned him with a written warning valid for 12 months and ordered retrospective reinstatement. Those who have helped themselves to funds earmarked for workers during the lockdown should always remember that the law is creeping towards them and they will not have any peace. All JSE data delayed by at least 15 minutes. An employer must be prepared to look beyond the conduct and consider the explanation provided by the employee during the investigation or at the disciplinary enquiry. Entrepreneurs make big ideas turn into reality. The first step that any employer should take when any allegations of fraud have been brought to its attention is to suspend the employees who are alleged to be involved. Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. Banking scams are soaring, and victims are not getting - TimesLIVE LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? "For example, employers often get trapped into levelling an allegation of fraud against an employee. Employers need to understand that legally, where they wish to infer that an employee committed fraud, they must at least be able to prove that the false act could not have been carried out in error. Andre de Ruyter has spoken of corruption linked to the government and others at the utility and said Wednesday that unnamed sources who provided him with information feared for their lives. PwC's Global Economic Crime and Fraud Survey 2022 Through this company, he registered ghost employees so that he could claim UIF benefits on their behalf, when in fact it was going into his pocket. Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. As the most recent example, the brazen murder of Cloete Murray and his son sends a chilling and intimidating message to anyone seeking to end impunity for corruption and crime. The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS). The optimisation of these skills is crucially important because: BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. It will be suspended if the defendant does not break the law during that specific period, and fulfills the agreement for him to pay back the money on time. Nowhere does the LRA speak of the formal disciplinary enquiry that we have come to love and hate.. 1 0 obj At what age did you start saving for retirement. During arbitration, he admitted to claiming overtime for time spent outside the workplace during his lunch hour however he explained that his actions were not dishonest and intentional and had apologised for the transgressions. However, for the same misconduct, the allegation of misappropriation of funds could be used which has less of a burden of proof did the employee take the money without an authorisation? The employer suffered a loss of R8,647.60 as a result of the employees conduct. At the arbitration the employer was unable to convince the commissioner that the employee had completed the form for reasons of fraud. stream You can cancel anytime and if you cancel within 14 days you won't be billed. 2023 (3.0.23103.7) 24.com. By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. The survey went on to say that South African organisations reported that senior and middle management commit 77% of all internal fraud and that the profile of the typical fraudster is; Male Aged between 31 and 40, Has worked for his employer for more than 10 years Has acquired a university degree. To date, there have been four convictions of individuals who have defrauded the UIF of Covid-19 TERS funds, and more are expected as 15 cases have been referred to the SIU for further investigation. Please enter your email address. Address: Regus Business Centre 1st Floor, Block B, North Park, Black River Park, 2 Fir Street, Observatory, Cape Town, 7925, South Africa Postal: Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican, PO Box 44354, Claremont, 7735, South Africa, United Kingdom Blue Sky Publications Ltd Company Registration Number: 04683692. The proceeds of the sale were then deposited into Mazibukos account, who in turn allegedly withdrew it and gave it to Daguma in cash, police spokesperson Warrant Officer Lynda Steyn said. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. Murray was shot in the head while driving with his son in an SUV on the N1 highway just outside Johannesburg in March. Domestic worker arrested for fraud for allegedly taking photos of <> Journalism strengthens democracy. All rights reserved. In the case of Drs Dietrich, Voigt and MIA v Bennet CM N.O CA 14/2016, the Labour Appeal Court confirmed that not all conduct that leads to financial benefit is nefarious. Once an investigation has been completed and sufficient evidence has been established to take disciplinary action against the employees involved, the next step is, generally, to convene a disciplinary enquiry. The good news is that you can apply for an IEB matric rewrite. However, such gain would not have to be confined to direct financial advantage. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. Riebeek-Kasteel pupils get swimming lessons in NSRI shipping WATCH | 10 000 Rwandan women help fight against malaria, and can earn a wage doing it, Predict the winners of two FA cup semi-final ties and you could WIN with Edgars, Energy access will be a key discussion point at Enlit Africa, Flexibility, technology and not wasting a crisis: Tips for future-proofing business. In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. This case cautions employers against charging employees with dishonesty simply because the employee has enjoyed some financial gain as a result of his or her misconduct. Recommended Reading:How To Check The Status Of Your NSFAS Application. To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. Working together with law enforcement agencies, we will follow every lead pointing towards suspected fraud. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? Simply put, the arbitrator found the employee's dismissal unfair once he was dismissed for a misconduct which he was never charged for. The court held: '[I]n this case, the employee was charged with dishonesty. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. Buying a home: Are deposits still needed? READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. Riebeek-Kasteel pupils get swimming lessons in NSRI shipping WATCH | 10 000 Rwandan women help fight against malaria, and can earn a wage doing it, Predict the winners of two FA cup semi-final ties and you could WIN with Edgars, Energy access will be a key discussion point at Enlit Africa, Flexibility, technology and not wasting a crisis: Tips for future-proofing business, Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. committing fraud and concluding that his dismissal was substantively fair. The Global Initiative Against Transnational Organised Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many of the . %%EOF The Directorate for Priority Crime Investigation, Tshwane: Heres your updated load shedding schedule for Tuesday, Daily devotion: Your bible verse and prayer for 2 May 2023, South Africa: Todays latest news and headlines, Tuesday, 2 May 2023, Load shedding on TUESDAY: Heres the UPDATED schedule, KwaZulu-Natal Weather: THUNDERSHOWERS and clouds TODAY, Gauteng Weather: Cool but mostly sunny day expected. He has also claimed he survived an attempt on his life when his coffee was laced with cyanide. Case No: JR 2186/17. Shongwe said according to the employer, she received a tip-off from someone who was adamant the suspect had already given her information to someone who later used it for criminal purposes. Business Fraud in South Africa - Tech4Law For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. This week Ivan Israelstam gives examples of fair discrimination. Celebrating World Book Day with trees and TikTok. CFTC Fines South African More than $3.4 Billion In Largest Bitcoin These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. The domestic worker was arrested on Tuesday but has yet to appear in court. In times of uncertainty you need journalism you can trust. South Africa: Today's latest news and headlines, Tuesday, 2 May 2023 Below, Hinxman shared some insights into key questions you might have as an employer when taking action against employees suspected or alleged of having committed fraud. But, they all contribute to the economy and create jobs. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? An employee is caught committing fraud in South Africa - BusinessTech This time can be equated to the golden hour, a period immediately following the commission of an offence when evidence is abundant and readily available to investigators, she said. You can cancel anytime and if you cancel within 14 days you won't be billed. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. Appointing the correct chairperson can also help to ensure that the true misconduct (if any) is identified, notwithstanding the categorisation of the allegation against the employee, she said. More AP Africa news: https://apnews.com/hub/africa. As per the case law above, the parity principle is a factor that has . Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. In this instance intention to Carlson said he had no doubt there was fraud in the 2020 election, but said Trump and his lawyers had so discredited their case - and media figures like himself - "that it's infuriating . In the case of CEPPWAWU obo Limba vs Consol Glass (2009, 5 BALR 431) the employee was dismissed for fraud after he completed a form, wherein he claimed to have conducted a sample check. Security manager arrested for 'ghost employee' scam worth R2.1m During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. . At CCMA the employer has the full onus of proving that the employee was guilty of the charges and hence that the dismissal was fair; Many commissioners see the preservation of the jobs of employees to be of great importance and will not be likely to uphold a dismissal decision unless the employer has succeeded in convincing the commissioner that dismissal is fully justified; Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. <> PDF In the Tax Court of South Africa Held at Durban Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE NO: JR158/17 . . In either instance, a capable chairperson will be able to recognise that an employer is not a legal representative and can identify the true misconduct of the employee.. The Unemployment Insurance Fund in South Africa ensures that workers can access short term financial relief if they require it, by asking employers to contribute towards the Fund. To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. A domestic worker has been arrested on a fraud charge in Mpumalanga after she allegedly took photos of her employer's important documents, ostensibly to use it for criminal purposes. Last year Ramaphosa was booed at a May Day rally - unions say things have only got worse, Net closing in: Two more arrested in connection with Thabo Bester escape, Critical changes made to SASSA payment dates for the month of May, Prof Dan Kgwadi, NWU's 'transformation driver', dies, Costa Titch: Ultra SA, emergency medical company deny claims of negligence in treating rapper, Here is what the ANCs elections strategy workshop in May will entail, After 4 years and R100m to fix broken municipalities, a lot of plans are in place, says Cogta, Child sex abuse ring: Police have already identified some of Ackerman's clients, Municipality allows sewage spill to flow through township for six months. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. Proving Fraud Requires High Level Skills
Patrick Childress Obituary, Ray Sawyer Daughter Death, Royal Hussars Uniform, What Does The Bible Say About The Lost Generation, Articles E