<> The temptation is to dismiss every employee, who may have possibly been involved. For millions of South Africans who depend on Sassa's social grants, the start of a new month means grant payments have begun. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. which confirms that employees committed fraud. 3 0 obj All rights reserved. It provides cover to workers injured and/or who contract diseases at work. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? 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. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE NO: JR158/17 . All JSE data delayed by at least 15 minutes. Entrepreneurs make big ideas turn into reality. 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. 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 . We pay cash for videos. Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. All rights reserved. READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. Copyright Blue Sky Publications Ltd. All Rights Reserved. To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. 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. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. He was found guilty and he was dismissed on 10 April 2014. They were found guilty on 487 counts of VAT fraud and alternative charges such . 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 times of uncertainty you need journalism you can trust. 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. A newsletter dedicated to the best conversations and comments on News24. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. 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 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. 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. Remembering that the fraud began in 2012, Skosana was in and out of court. There are various types of entrepreneurs, and each type tends to make their own decisions depending on their personalities, skills, and environment. His son, Thomas Murray, who worked with his father, was declared dead at the scene. In this instance intention to 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. stream "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. 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 employer suffered a loss of R8,647.60 as a result of the employees conduct. The commissioner appeared to believe that the employee had made an error by completing the form. 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. 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. Go to: www.labourlawadvice.co.za. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. An employer is legally able to suspend an employee without informing them of the nature of the allegations. At what age did you start saving for retirement. 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. The employer suffered a loss of R8,647.60 as a result of the employees conduct. All JSE data delayed by at least 15 minutes. To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. Unforeseen circumstances that lead to a loss of income can be devastating for many people. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. On review the Labour Court (LC) dismissed the employer's application to set aside the award. 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. 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. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". 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. The compensation fund is a public entity under the administration of the Department of Labour. 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. The pair, aged 32 and 57, are expected to appear in the Palm Ridge Specialised Commercial Crimes Court on Monday. 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 . Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. However, such gain would not have to be confined to direct financial advantage. hbbd``b`SA* zHX@L? Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . "Failure to do so could result in huge losses and even endanger their lives or that of their families.". Photo credit: Image by Mohamed Hassan from Pixabay. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. All rights reserved. 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. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. 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. Mogale said it reportedly happened between 2019 and 2020. The employee "self-dismissal" was found to be both procedurally and substantively unfair. At the time, the employee's previous. 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. endobj We will not tolerate the siphoning of workers benefits by unscrupulous individuals. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. In view of this and due to the fact that the employee had not been given the opportunity to cross examine his accusers the commissioner found the dismissal to be unfair and ordered the employer to reinstate the employee with back pay. Who needs to preside over these proceedings? By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. 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. committing fraud and concluding that his dismissal was substantively fair. 1 0 obj BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. 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. 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.. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. Workplace fraud, by its nature, is a secretive act. 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. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. 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. Currently, disciplinary enquiries are held as extremely formal affairs, where those involved will sit down together in a tribunal manner. Buying a home: Are deposits still needed? As shown in the Rope Constructions case reported later in this article, even apparent frauds discovered by employers may go unpunished because of lack of proof that the accused was in fact the fraudster. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. '|+ldZ*?}vOIZ8R*ti )zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. We pay cash for videos. The good news is that you can apply for an IEB matric rewrite. 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. 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. These could include measures such as video cameras and telephone conversation recordings, authority levels and procedures, access controls and auditing procedures amongst others. Working together with law enforcement agencies, we will follow every lead pointing towards suspected fraud. Offences and penalties. Police say a serious commercial crime investigation has linked Mazibuko to an alleged case of fraud committed at Harrismith Standard Bank earlier this year by Hopewell Mpendula Daguma (31) and his partner Thandeka Tryphina Mlangeni (32). For example, claiming false qualifications for a job would be fraudulent in the sense that the job applicant would be gaining employment based on a lie. On review, the Labour Court upheld the decision of the commissioner. a) thereof. A newsletter dedicated to the best conversations and comments on News24. 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. 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. Intention is everything: The role of intent in employee discipline for dishonesty and/or fraud, By Thabang Rapuleng, Director, Tamsanqa Mila, Associate, Employment Law, Cliffe Dekker Hofmeyr. 4 0 obj Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector.

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