$~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. The courts sentenced him to 5 years in prison. 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. An employer is legally able to suspend an employee without informing them of the nature of the allegations. Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. PDF In the Tax Court of South Africa Held at Durban Go to: www.labourlawadvice.co.za. Working together with law enforcement agencies, we will follow every lead pointing towards suspected fraud. Podcast series: click here to find them all. Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. The ombud investigated more than 2,880 banking fraud related cases last year, an increase of 7.5% from 2020. This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Not Reportable . A 49-year-old general security manager has been arrested after he allegedly committed fraud to the value of R2.1 million in Potchefstroom in the North West, the Hawks said. "For example, employers often get trapped into levelling an allegation of fraud against an employee. What are the procedures you need to follow? The good news is that you can apply for an IEB matric rewrite. He agreed to be paid at a rate of 1.0 per hour (his normal hourly rate). 18. <> "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. Finding - that the employee had acted under economic duress when committing the acts of misconduct. During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. Workplace fraud, by its nature, is a secretive act. He appealed to communities to be wary of syndicates who used helpers to target prominent people to scam them out of money or stage residential robberies. 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. . Buying dead bodies and other insurance scams hit South Africa A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. The employers strategy for combating employee fraud needs to be based on two broad approaches, namely, prevention and reaction. The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. This week Ivan Israelstam explains how a CCMA Arbitrator dealt with a dismissal where an employer mistakenly thought that an employee could "dismiss themselves" - and exactly what the mistake cost the employer. Unforeseen circumstances that lead to a loss of income can be devastating for many people. Case No: JR 2186/17. "Failure to do so could result in huge losses and even endanger their lives or that of their families.". THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE NO: JR158/17 . To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. 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 a statement, the UIF said not only did Uniondale Integrated Empowerment Project (UNIEP) illegally apply for the funds, the non-profit organisation (NPO) also . gunmen while traveling on one of South Africa's . He was found guilty and he was dismissed on 10 April 2014. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. 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 targeted individuals. hXmo6+pw@.uvAD# '|+ldZ*?}vOIZ8R*ti )zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. For example, employers often get trapped into levelling an allegation of fraud against an employee. Legal officials, public supporters, and his associates demanded . In light of this situation, the e-commerce fraud . US Court Orders South African Firm's CEO to Pay $3.4 Billion for 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. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. Security manager arrested for 'ghost employee' scam worth R2.1m JOHANNESBURG (Reuters) - South African retailer Steinhoff said an independent report had found it had overstated profits over several years in a $7.4 billion accounting fraud involving a small. 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. Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. Nowhere does the LRA speak of the formal disciplinary enquiry that we have come to love and hate.. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. South Africa: Today's latest news and headlines, Tuesday, 2 May 2023 Journalism strengthens democracy. But in his State of the Nation Address this year, President Cyril Ramaphosa acknowledged shortcomings and the need to strengthen the witness protection unit. Attacks on BusinessTech, its journalists or other users will result in a ban. All rights reserved. We pay cash for videos. 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 LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? . As such, many businesses may have put in place a number of measures to detect and prevent fraud from being committed against them by an outsider, she said. In times of uncertainty you need journalism you can trust. Employment law update - Competent verdict - employee charged for The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS). The employer suffered a loss of R8,647.60 as a result of the employees conduct. For more information about how we protect your personal information, click here, As its name suggests, Labour Guides websites are intended for guidance, or otherwise information, purposes only. 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. As per the case law above, the parity principle is a factor that has . The pair, aged 32 and 57, are expected to appear in the Palm Ridge Specialised Commercial Crimes Court on Monday. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. Six men have been charged with murder in her killing. The compensation fund is a public entity under the administration of the Department of Labour. Offences and penalties. Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Recommended Reading:How To Check The Status Of Your NSFAS Application. 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? LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? hbbd``b`SA* zHX@L? All Rights Reserved, Department of Health's Covid-19 online resource and news portal. Oops! which confirms that employees committed fraud. 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. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * 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^ 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. The three were accused of colluding with a physiotherapist, Dr Jones Mothemola Modau, by siphoning the compensation fund and channelling the money into Modaus account and a friends driving school account. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? This leaves the door open to severe consequences arising, which may be compounded by a delayed and disorganised response.. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . endobj PRECCA also imposes a statutory reporting obligation in instances where suspicion exists . The temptation is to dismiss every employee, who may have possibly been involved. 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. 0 "The suspect allegedly received undue payments of approximately R2.1 million over a period of twelve months," she said. 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. A new wave of fraud is targeting bank customers and the number of people falling victim . %PDF-1.5 % <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> While fraud can occur at any level it is at its most dangerous at the upper levels of the organisation. In August of 2018, three men by the names of Maxwell Ramaphosa, Samuel Mfeleng, and Kgabo Johanna Methi were found guilty on charges of defrauding the Department of Labours Compensation Fund of R476 150.58 as reported by The Citizen. endobj Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. No one has been arrested in the killings, which police said had the hallmarks of a professional hit. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. Thereafter you will be billed R75 per month. The fictitious employees reportedly received monthly salaries in their fictitious bank accounts which were later reversed by the suspect and deposited into his personal account," Mogale said. Fraud is a criminal charge and has criminal elements to prove. What is required to prove "fraud" in a disciplinary enquiry? 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. The agency responsible for paying these grants has revealed the payment dates for the next year. 1. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. I hope the latest conviction and arrests send a strong message to other would-be fraudsters that the long arm of the law will always catch up with you. Some of the 15 counts of fraud include corruption, theft and money laundering. The slayings and other cases have anti-corruption groups urging South African authorities to provide far better protection for whistleblowers. The liability of an employer, however, under circumstances where an employee commits an intentional wrong entirely for his or her own purpose, is a very different kettle of fish. "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 . He died in the hospital. % Invest in the future today. HZv , f ``d1ut0G4v4 ,(KEYY}XX,X3{0?e^q9dg] $-wb@@6@,H0B1 A[ 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. Case against SARS accomplice postponed for a further pre-trial. 335 0 obj <>stream The domestic worker was arrested on Tuesday but has yet to appear in court. New court case deals with a South African worker who was fired - but PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? May Employers Dismiss All Employees Who May Be Involved Without Evidence? A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. committing fraud and concluding that his dismissal was substantively fair. More AP Africa news: https://apnews.com/hub/africa. Who needs to preside over these proceedings? 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. 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. Tax fraudsters sentenced in high court. We pay cash for videos. Charged with more than 80 counts of fraud They were consequently. 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. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. Did You Know There Are Different Types Of Entrepreneurs? "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. 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. Rapid response in these situations can help employers avoid the possibility of losing out on valuable information or destruction of key evidence as a result of inappropriate handling of processes or inadvertently tipping off a suspect.. READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. 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The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. The money would later be shared. However, such gain would not have to be confined to direct financial advantage.
employee frauds cases south africa
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