South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. It was then revealed she had compromising information about the woman and her family, he added. With a continuing remote work environment, instances of misconduct have become much more exposed, as the checks and balances businesses have put in place to ensure that working from home is safe and secure, have brought increased oversight into business and employee operations, Hinxman said. This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements. They were found guilty on 487 counts of VAT fraud and alternative charges such . It is important that misconduct enquiries be led by a competent, impartial chairperson in order to ensure fairness, substantively and procedurally.This person can be an independent party or an internal manager who has no prior knowledge of the incident, said Hinxman. 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. Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. Celebrating World Book Day with trees and TikTok. 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. 1 0 obj On review to the Labour Court The Court finding that the CCMA - misconstrued the nature of the enquiry it was enjoined to undertake. PRECCA creates a general offence of corruption that is broadly defined. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. "The woman confirmed the tip-off she received on the impeding robbery after probing the helper's cellphone.". 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 fraud could be committed for the advantage of a friend or family member or could be a means towards gaining the perpetrator a job. Celebrating World Book Day with trees and TikTok. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. He explained that they were not submitted with an intention to deceive the employer because they were supported by time sheets which were approved by his manager. 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. stream Can Employers Retrench Employees For Poor Performance? His son, Thomas Murray, who worked with his father, was declared dead at the scene. 4 0 obj Oops! Go to: www.labourlawadvice.co.za. Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. This post explores six common types of employee fraud: Credit card fraud Expense report fraud Payroll fraud Bribery Data theft Accounting fraud Here's how each may affect your business, and how to respond. The temptation is to dismiss every employee, who may have possibly been involved. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. 335 0 obj <>stream Shongwe said over the years, the police have been inundated with complaints of people who have been robbed of huge amounts of money. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. Ex-Apple employee owes $19 million for elaborate fraud scheme . They also have fueled outrage over widespread graft linked to government contracts, which has plagued Africa's most developed economy for years but appears to continue unabated. . A former Labour Department employee was sentenced on4 November 2019 for 15 counts of fraud in Mpumalanga, dating back to 2012. Currently, disciplinary enquiries are held as extremely formal affairs, where those involved will sit down together in a tribunal manner. WhatsApp 060 011 021 1. Ramaphosa and Mfeleng were found guilty on ten counts of money laundering and fraud, and Methi was found guilty on three counts of the latter. 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. 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. Thereafter you will be billed R75 per month. Rabkin-Naicker J also observed that the Mr Ngcobos claims were approved by his line manager who had also recorded on email that she and Mr Ngcobo had learned a lesson from their mishaps. "For example, employers often get trapped into levelling an allegation of fraud against an employee. Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. All rights reserved. This is not what was envisioned by the current LRA which aimed rather to de-formalise the disciplinary enquiry and move away from a system similar to that used in criminal cases including a shift away from a criminal language such as being charged or being found guilty or not guilty, she said. Using comment sections to post about or comment on closed threads will result in that section being closed to further posts. It is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. Something went wrong, please try again later. <>/Metadata 169 0 R/ViewerPreferences 170 0 R>> A new wave of fraud is targeting bank customers and the number of people falling victim . % THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE NO: JR158/17 . To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. Finding - that the employee had acted under economic duress when committing the acts of misconduct. 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. We pay cash for videos. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. South African anti-corruption organization Corruption Watch said the killings of the Murrays was further evidence that the country faced a crisis in terms of the rule of law. Not Reportable . 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. Invest in the future today. 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. In December 2012, Mr Ngcobo was assigned to work on a project with the Head of Basic Haematology Research Group and he was expected to work overtime. He died in the hospital. <> a) thereof. The slayings and other cases have anti-corruption groups urging South African authorities to provide far better protection for whistleblowers. 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. A third person has been detained by the Directorate for Priority Crimes Investigation (Hawks) in connection with alleged fraud of R1-million perpetrated by an employee at the Standard Bank branch in Harrismith in the Free State. But in his State of the Nation Address this year, President Cyril Ramaphosa acknowledged shortcomings and the need to strengthen the witness protection unit. He agreed to be paid at a rate of 1.0 per hour (his normal hourly rate). At the time, the employee's previous. Mogale said it reportedly happened between 2019 and 2020. Grants are paid out based on a grant payment schedule. 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 . 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. After concerns from Mr Ngcobos line manager regarding his overtime claims, the employer audited his claims forms and the investigation revealed the following: Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. Some of the 15 counts of fraud include corruption, theft and money laundering. He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. All rights reserved. Choose from our range of newsletters to get the news you want delivered straight to your inbox. No matter the size of a business, fraud can have a significant impact on its reputation, operations and revenue, says Lucinda Hinxman, lead consultant of Employment & Labour at law firm CMS South Africa. 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. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? A US judge ordered a South African executive to pay more than $3.4 billion in restitution and fines for a fraud scheme involving Bitcoin the highest-ever civil monetary penalty in any US . Invest in the future today. At what age did you start saving for retirement. You can cancel anytime and if you cancel within 14 days you won't be billed. Riebeek-Kasteel pupils get swimming lessons in NSRI shipping WATCH | 10 000 Rwandan women help fight against malaria, and can earn a wage doing it, Predict the winners of two FA cup semi-final ties and you could WIN with Edgars, Energy access will be a key discussion point at Enlit Africa, Flexibility, technology and not wasting a crisis: Tips for future-proofing business, Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. What's your take on the South African nationals trapped in conflict-ridden Sudan? Shongwe said according to the employer, she received a tip-off from someone who was adamant the suspect had already given her information to someone who later used it for criminal purposes. endstream endobj 296 0 obj <>/Metadata 46 0 R/Outlines 72 0 R/PageLayout/OneColumn/Pages 290 0 R/StructTreeRoot 81 0 R/Type/Catalog>> endobj 297 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 298 0 obj <>stream No one has been arrested in the killings, which police said had the hallmarks of a professional hit. 18. In June 1923, the United States government charged, tried, and convicted Marcus Mosiah Garvey (1887-1940) - National Hero of Jamaica, political activist, and movement leader - of mail fraud for allegedly selling stock of his own shipping and passenger company, the Black Star Line. He has also claimed he survived an attempt on his life when his coffee was laced with cyanide. uzs^Ksl:ggo]]H}e]=&3s{u:>S}G:?1>$A2zz?0zBan'7. committing fraud and concluding that his dismissal was substantively fair. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. However, joint efforts by the UIFs investigators, law enforcement agencies at the Fusion Centre such as the HAWKS, National Prosecuting Authority (NPA), and the Financial Intelligence Centre (FIC) led to the couples successful arrest and conviction. A newsletter dedicated to the best conversations and comments on News24. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? gunmen while traveling on one of South Africa's . According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. He found Mr Ngcobo guilty of negligence, sanctioned him with a written warning valid for 12 months and ordered retrospective reinstatement. While fraud can occur at any level it is at its most dangerous at the upper levels of the organisation. There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. 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 company, previously known as Bosasa and now named African Global Holdings, was one of the most prominent subjects of the Zondo Commission a judicial inquiry into government and other high-level corruption during the 2008-2019 presidency of Jacob Zuma, who is on trial on separate corruption allegations. The project is expected to resume in April 2022 upon the appointment of audit firms and it is anticipated that additional recoveries will be made, and more arrests will take place as fraudulent claims are uncovered. 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. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. This means that those frauds, for which employees have been caught are likely to be only the tip of the iceberg. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? There are various types of entrepreneurs, and each type tends to make their own decisions depending on their personalities, skills, and environment. endstream endobj startxref Play daily crosswords, sudoku, puzzles, and more. On appeal, the employer argued that the employee was guilty of dishonesty and not negligence because during the arbitration proceedings, the employer had shown that the employee had deliberately submitted false claims. 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. 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. 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. Podcast series: click here to find them all. This week Ivan Israelstam answers the question: what is workplace fraud? 2 0 obj We pay cash for videos. 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. Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. An employer is legally able to suspend an employee without informing them of the nature of the allegations. 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 instance intention to endobj 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. These could include measures such as video cameras and telephone conversation recordings, authority levels and procedures, access controls and auditing procedures amongst others. We live in a world where facts and fiction get blurred. The employer suffered a loss of R8,647.60 as a result of the employees conduct. The Hawks investigation revealed that Daguma utilised some of the money to buy a Nissan NP200 (bakkie), which he sold for R120 000 on 9 June. 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. Photo credit: Image by Mohamed Hassan from Pixabay. WATCH | Oh buoy! To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. It's that time of the year, applications season. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . In fact, the Global Economic Crime and Fraud Survey showed that 41% of economic crimes in South Africa were committed by employees, compared to only 36% by external fraudsters and 21% a collusion between the two. Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . The employee "self-dismissal" was found to be both procedurally and substantively unfair. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. Where possible, people should use employment agencies to source helpers. $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ 295 0 obj <> endobj WASHINGTON, April 27 (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 . 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 . The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS).
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