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. . Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. Simply put, the arbitrator found the employee's dismissal unfair once he was dismissed for a misconduct which he was never charged for. By submitting your email address to us, you agree to receive our newsletters and course updates. Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . 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. 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. 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. a) thereof. ", 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. endstream
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As per the case law above, the parity principle is a factor that has . 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. Grants are paid out based on a grant payment schedule. However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. An employer is legally able to suspend an employee without informing them of the nature of the allegations. This week Ivan Israelstam gives examples of fair discrimination. 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. 295 0 obj
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If you've got your eye on a promotion or are looking to better your skills set for the job market, undergoing training in a specific field or a specific skill can be helpful for your career in the long run, and will look good on your CV. "The suspect allegedly received undue payments of approximately R2.1 million over a period of twelve months," she said. Workplace fraud, by its nature, is a secretive act. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Copyright Blue Sky Publications Ltd. All Rights Reserved. Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. 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. You will receive mail with link to set new password. 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. What are the procedures you need to follow? 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. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? The annual International Fraud Awareness Week last November highlighted an increasing problem that organisations around the world are . LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. by Corn van Zyl 02-05-2023 05:30 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. For millions of South Africans who depend on Sassa's social grants, the start of a new month means grant payments have begun. "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. WATCH | Oh buoy! A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. Deokaran had spoken up about potentially corrupt payments to more than 200 companies by the health department and was a key witness in a probe by the country's anti-corruption Special Investigating Unit into contracts worth more than $45 million. 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. The information on this website does not constitute legal advice. May Employers Dismiss All Employees Who May Be Involved Without Evidence? He said he testified out of a sense of civic duty but was not offered any protection despite the important evidence he provided and will not return to his home country unless his safety is guaranteed. Thereafter you will be billed R75 per month. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. 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. Go to: www.labourlawadvice.co.za. The Unemployment Insurance Fund (UIF) has opened a case of fraud against a Western Cape non-profit organisation that allegedly illegally received close to R5 million in the COVID-19 Temporary Employer/Employee Relief Scheme (TERS). 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. Please read our Disclaimer Policy. . 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. According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. The courts sentenced him to 5 years in prison. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. "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. 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. 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. The compensation fund is a public entity under the administration of the Department of Labour. Without any assurance for my safety from our government, combined with the fact that none of the parties I implicated have been prosecuted, it is unlikely that I can return. All rights reserved. endstream
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Not Reportable . Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. Journalism strengthens democracy. Oops! We live in a world where facts and fiction get blurred. This week ivan Israelstam deals with cases where this has happened. 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. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. which confirms that employees committed fraud. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. 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. Podcast series: click here to find them all. Never miss a story. 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. Police have arrested two more suspects in the Thabo Bester prison escape case. However, it is important to note that an employee must be suspended on full pay. For more information please contact Thabang Rapuleng at [emailprotected] or Tamsanqa Mila at [emailprotected], Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com. 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^ The ombud investigated more than 2,880 banking fraud related cases last year, an increase of 7.5% from 2020. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. Finding - that the employee had acted under economic duress when committing the acts of misconduct. All rights reserved. He died in the hospital. Celebrating World Book Day with trees and TikTok. 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. READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? This must represent a turning of the tide for our country.. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? He was found guilty and he was dismissed on 10 April 2014. 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. 335 0 obj
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Furthermore, the convict was declared unfit to own a firearm in terms of the firearms control Act, said Sekgotodi. 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. 1 0 obj
To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. What's your take on the South African nationals trapped in conflict-ridden Sudan? Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. Fraud is a criminal charge and has criminal elements to prove. Nowhere does the LRA speak of the formal disciplinary enquiry that we have come to love and hate.. 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. Mr Ngcobo claimed overtime at an incorrect rate for a period of three months in July, November and December 2013 he had submitted claims at the rate of 1.5 per hour which was higher that his normal hour rate. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. No one has been arrested in the killings, which police said had the hallmarks of a professional hit. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month.
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