employee frauds cases south africa

To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. 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. South Africa: Johannesburg Labour Court, Johannesburg 1 0 obj You will receive mail with link to set new password. 295 0 obj <> endobj Choose from our range of newsletters to get the news you want delivered straight to your inbox. 318 0 obj <>/Filter/FlateDecode/ID[<9CAA0A4E796A6F41B6B6610C6B7604F8><8C9E643D68FAF54AB172E07245A689B9>]/Index[295 41]/Info 294 0 R/Length 106/Prev 265888/Root 296 0 R/Size 336/Type/XRef/W[1 2 1]>>stream Invest in the future today. The court examined the test for reasonable person in the context of the workplace and held that the employee failed to act with the degree of care and standard expected of a person in his positio n. It assessed the evidence that was before the commissioner and held that the commissioners findings were reasonable. These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. He was found guilty and he was dismissed on 10 April 2014. He died in the hospital. What are examples of workplace fraud and how is it proved? - Skills Portal 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. The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. It remains increasingly important that businesses fight fraud and corruption by understanding when and how to process any allegations that come forward while remaining cognisant of the employee and employer rights., Read: The new Covid-19 legal case that South African workers should know about, An employee is caught committing fraud in South Africa heres what happens next, The new Covid-19 legal case that South African workers should know about, Crossover SUVs you can get in South Africa for R10,000 a month, South Africans are having to rent out parts of their homes heres why, You need to stop using your phone on the toilet, Unleash fast wifi everywhere: Upgrade your wifi experience with a mesh system, Business Talk Establish your company as a market leader, Wingu Academy and The Angela Academy join forces to provide high-tech schooling to underprivileged communities in South Africa, SARS is coming after these wealthy taxpayers, Lower stages of load shedding planned for this week heres the new schedule, Silver lining for South Africas property market, This new work trend causing headaches for businesses in South Africa, 3 ways South Africans can acquire citizenship in another country, Compelling ways to diversify and grow your retirement pot. a) thereof. All JSE data delayed by at least 15 minutes. 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. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. 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. Offences and penalties | Statistics South Africa 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. Go to: www.labourlawadvice.co.za. 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. 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 . Unforeseen circumstances that lead to a loss of income can be devastating for many people. You can cancel anytime and if you cancel within 14 days you won't be billed. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. All rights reserved. Podcast series: click here to find them all. 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). 0 PDF In the Labour Appeal Court of South Africa, Johannesburg "For example, employers often get trapped into levelling an allegation of fraud against an employee. A newsletter dedicated to the best conversations and comments on News24. PwC investigation finds $7.4 billion accounting fraud at Steinhoff Two arrested for R14 million PPE corruption at the NHLS This was after the couple, who are directors of Denmeng Trading, applied for Covid-19 TERS for 553 workers when they only employed 22. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. Security manager arrested for 'ghost employee' scam worth R2.1m The employer suffered a loss of R8,647.60 as a result of the employees conduct. The employee "self-dismissal" was found to be both procedurally and substantively unfair. It is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. 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. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. Photo credit: Image by Mohamed Hassan from Pixabay. Podcast series: click here to find them all. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? 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. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. South African CEO Ordered to Pay a Record $3.4B in CFTC Bitcoin Forex Our offices are for administrative purposes only, no visitors will be accepted without an appointment. "Leader of A Movement:" During a Turbulent Time - Garvey 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. 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 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. Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . We pay cash for videos. % In times of uncertainty you need journalism you can trust. Legal officials, public supporters, and his associates demanded . LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. 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. After killings, calls to protect S. Africa's whistleblowers Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. No one has been arrested in the killings, which police said had the hallmarks of a professional hit. Kindly take notice of our disclaimer policy published at the bottom of the home page of this website. This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements. 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. In order to prove fraud the employer must show that the accused employee was the one who committed the act and that he/she did so for gain. HZv , f ``d1ut0G4v4 ,(KEYY}XX,X3{0?e^q9dg] $-wb@@6@,H0B1 A[ Is External Pressure From A Third Party Sufficient To Justify A Dismissal? 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. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. 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. However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. stream 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. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. The court held: '[I]n this case, the employee was charged with dishonesty. Employee fraud: 6 examples & how to avoid them - Spendesk The temptation is to dismiss every employee, who may have possibly been involved. Thokozani Percy Skosana, 42, was a former employee of the . . 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. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. are often trusted more than are junior employees. All rights reserved. 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [email protected]. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. gunmen while traveling on one of South Africa's . South Africa: Today's latest news and headlines, Tuesday, 2 May 2023 They are scheduled to be sentenced on 17 May 2022. The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". by Corn van Zyl 02-05-2023 05:30 We live in a world where facts and fiction get blurred. 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. PRECCA creates a general offence of corruption that is broadly defined. gunmen while traveling on one of South Africa's . Shongwe said over the years, the police have been inundated with complaints of people who have been robbed of huge amounts of money. More AP Africa news: https://apnews.com/hub/africa. 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. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. It's that time of the year, applications season. However, it is important to note that an employee must be suspended on full pay. He found Mr Ngcobo guilty of negligence, sanctioned him with a written warning valid for 12 months and ordered retrospective reinstatement. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Rc$3@[8#F\XhA|#Cc!m]^V1.8>JVl>q, The Directorate for Priority Crime Investigation (Hawks) pursued the case after it was reported. 335 0 obj <>stream More arrests in Thabo Bester prison 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 . This illustrates the urgent need for employers to make improvements to their evidence preparation skills and labour law expertise. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. 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. 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 . A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. 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. UIF opens fraud case against NPO | SAnews What is required to prove "fraud" in a disciplinary enquiry? Not Reportable . 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 . READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. Police have arrested two more suspects in the Thabo Bester prison escape case. This must represent a turning of the tide for our country.. 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. To prove fraud, the. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. Oops! He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. 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 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. 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. 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. May Employers Dismiss All Employees Who May Be Involved Without Evidence? Employment law update - Competent verdict - employee charged for At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. 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. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. In times of uncertainty you need journalism you can trust. Offences and penalties. Go to: www.labourlawadvice.co.za. 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. The information on this website does not constitute legal advice. However, such gain would not have to be confined to direct financial advantage. After killings, calls to protect S. Africa's whistleblowers Furthermore, the convict was declared unfit to own a firearm in terms of the firearms control Act, said Sekgotodi. hb```RO@(1 WRo0 n6nozn>v^ki)@],upAm (;W#fN- 2023 (3.0.23103.7) 24.com. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. Credit card fraud Giving business expense cards to employees is a great way to build trust and empower your staff with their responsibilities. [email protected]# According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. 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. 11 May 2023 (09:00 - 15:30) Interactive Online Course, 12 May 2023 (08:30 16:00) Interactive Online Course, 17 & 18 May 2023 (08:30 - 16:00) Interactive Online Course, 19 May 2023 (08:30 - 16:00) Interactive Online Course, 19 May 2023 (09:00 - 11:30) Interactive Online Presentation, 25 May 2023 (08:30 - 16:00) Interactive Online Course, 25 May 2023 (09:00- 16:00) Emperors Palace: Convention Centre, 01 June 2023 (08:30- 16:00) Emperors Palace: Convention Centre, 01 June 2023 (09:00 - 12:00) Interactive Online Course, 08 June 2023 (09:00 - 16:00) Interactive Online Course, 08 June 2023 (08:30- 16:00) Emperors Palace: Convention Centre, 09 June 2023 (09:00 - 13:00) Interactive Online Course, 14 June 2023 (09:00 - 15:30) Interactive Online Course, 22 June 2023 (08:30 - 16:00) Interactive Online Course, 22 June 2023 (09:00- 16:00) Emperors Palace: Convention Centre, 06 July 2023 (08:30 - 16:00) Interactive Online Course, The OHS Act and the Responsibilities of Management Course, Human Resources Management (HRM) Metrics and HRM Scorecards, Compensation for Occupational Injuries and Diseases Course, Health and Safety Representative and Committee Training Course, Employment Equity Committee Training (Emperors Palace), The OHS Act and the Responsibilities of Management Course (Emperors Palace), The Labour Court Review Application Process Simplified, Compensation for Occupational Injuries and Diseases Course (Emperors Palace), Mastering Human Lie Detection for a Thriving Workplace, Managing Day-to-Day Challenges in the Workplace, HIRA Hazard Identification and Risk Assessment Course, Managing Day-to-Day Challenges in the Workplace (Emperors Palace), Incident Investigation of Work-Related Injuries and Diseases Course, Mashishing Labour Centre closes due to theft of electrical connections, Displaying Compulsory Wall Charts in the Workplace.

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