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 moment that any serious allegations of misconduct are suspected or have been discovered against an employee is exactly when an employer must take action, said Hinxman. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. We live in a world where facts and fiction get blurred. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. All rights reserved. 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. 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There have been many judgments, over the years (both in South Africa and abroad), which have developed the policy and principles applied in such matters. 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. Where possible, people should use employment agencies to source helpers. 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 2023 by The Associated Press. 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. These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. 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. In either instance, a capable chairperson will be able to recognise that an employer is not a legal representative and can identify the true misconduct of the employee.. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. 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He has also claimed he survived an attempt on his life when his coffee was laced with cyanide. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. Please enter your email address. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. Offences and penalties. $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ endobj He found Mr Ngcobo guilty of negligence, sanctioned him with a written warning valid for 12 months and ordered retrospective reinstatement. 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 . It was then revealed she had compromising information about the woman and her family, he added. Case against SARS accomplice postponed for a further pre-trial. 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. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. 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. 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. It is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. <>/Metadata 169 0 R/ViewerPreferences 170 0 R>> Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. 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. Failure to do so properly can result in the dismissed employee being reinstated simply because the employer failed to prove the employees guilt at the CCMA or bargaining council. The domestic worker was arrested on Tuesday but has yet to appear in court. 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. 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. hb```RO@(1 WRo0 n6nozn>v^ki)@],upAm (;W#fN- @b@b BDiSMW`@J& @BqH#> pZ He was found guilty and he was dismissed on 10 April 2014. committing fraud and concluding that his dismissal was substantively fair. . 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. The commissioner considered the evidence and held that the employer failed to prove that Mr Ngcobo had acted dishonestly and/or deliberately falsified his claims. This material may not be published, broadcast, rewritten or redistributed. Invest in the future today. Mogale said it reportedly happened between 2019 and 2020. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. 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. Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . It was established that he had not, in fact, conducted that check and that he should not have completed the form. The company led clear evidence that it had lost trust in him. stream Oops! 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. 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). Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS). Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. <> 0 Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. Shongwe said over the years, the police have been inundated with complaints of people who have been robbed of huge amounts of money. by Corn van Zyl 02-05-2023 05:30 hXmo6+pw@.uvAD# In the absence of a clear and credible reason for making such an alleged error I would submit that the balance of probabilities are that the employee completed the check form intentionally and that he did so dishonestly in order to make it appear that he had completed the check. This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee. 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. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. Lost your password? This week, the former head of the state-owned electricity utility, a company brought to its knees by mismanagement and corruption, appeared at a parliamentary hearing virtually from an undisclosed location because of fears for his safety, he said. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. At what age did you start saving for retirement. 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. They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. <> which confirms that employees committed fraud. The employer suffered a loss of R8,647.60 as a result of the employees conduct. 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. Rc$3@[8#F\XhA|#Cc!m]^V1.8>JVl>q, ", 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. How To Apply To Rewrite IEB Matric Papers, Beware Of Retrenchments For Poor Performance, How To Check The Status Of Your NSFAS Application, Here's The Sassa Grant Payment Schedule For 2023/2024, 2024 Applications Are Now Open At These Universities, April Sassa Grant Payments Continue Today, often have easier access to bigger amounts of money, can cause great damage to customer relations, can be in a better position to cover up irregularities. Thereafter you will be billed R75 per month. South Africa's Department of Justice did not respond to messages seeking comment on Williams' experience and the general policy on protection for whistleblowers. There are various types of entrepreneurs, and each type tends to make their own decisions depending on their personalities, skills, and environment. 2023 (3.0.23103.7) 24.com. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. Spokesperson for the Mpumalanga Hawks, Captain Dineo Lucy Sekgotodi said: Nobody could count how many court appearances he has made over the years.. 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. WATCH | Oh buoy! Police . 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. 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 new wave of fraud is targeting bank customers and the number of people falling victim . In South Africa, sentencing is considered the primary prerogative of trial courts, which enjoy wide discretion to determine the type and severity of a sentence on a case-by-case basis. The compensation fund is a public entity under the administration of the Department of Labour. All JSE data delayed by at least 15 minutes. Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. 18. 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. In relation to the second charge, Mr Ngcobo also explained that the claims submitted at the rate of 1.5 per hour were made in error. To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. This was after the couple, who are directors of Denmeng Trading, applied for Covid-19 TERS for 553 workers when they only employed 22. a) thereof. He died in the hospital. 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. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. (1) Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act. 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. This must represent a turning of the tide for our country.. This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements. Not Reportable . Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. 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 . Invest in the future today. No one has been arrested in the killings, which police said had the hallmarks of a professional hit. A newsletter dedicated to the best conversations and comments on News24. Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. In addition, he had claimed payment for time that he was not at the workplace in that there were 13 instances where he had failed to clock out during lunch break thus representing an incorrect reflection of his actually hours worked. Knowing when they will receive their money is critical for beneficiaries of the grant as it will inform them how to manage their funds. 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. HZv , f ``d1ut0G4v4 ,(KEYY}XX,X3{0?e^q9dg] $-wb@@6@,H0B1 A[ Charged with more than 80 counts of fraud They were consequently. The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". Using comment sections to post about or comment on closed threads will result in that section being closed to further posts. Celebrating World Book Day with trees and TikTok. She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. Millions of people living in South Africa rely on grants from Sassa. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. Unforeseen circumstances that lead to a loss of income can be devastating for many people. Podcast series: click here to find them all. Many universities in South Africa are now taking applications for the 2024 academic year, here's a list of them and how you can apply. 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. Copyright Blue Sky Publications Ltd. All Rights Reserved. The ombud investigated more than 2,880 banking fraud related cases last year, an increase of 7.5% from 2020. The courts sentenced him to 5 years in prison. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Something went wrong, please try again later. PRECCA also imposes a statutory reporting obligation in instances where suspicion exists . To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. The Provincial Head of the Directorate For Priority Crime Investigation Mpumalanga Major General, Zodwa Mokoena applauded the Investigating and Prosecuting teams for the conviction. These could include measures such as video cameras and telephone conversation recordings, authority levels and procedures, access controls and auditing procedures amongst others. Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. Oops! Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. What are the procedures you need to follow? 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 newsletter dedicated to the best conversations and comments on News24. This week Ivan Israelstam gives examples of fair discrimination. Can Employers Retrench Employees For Poor Performance? Podcast series: click here to find them all. Go to: www.labourlawadvice.co.za. For millions of South Africans who depend on Sassa's social grants, the start of a new month means grant payments have begun. What are examples of workplace fraud and how is it proved? Celebrating World Book Day with trees and TikTok. The commissioner appeared to believe that the employee had made an error by completing the form. Employers need to understand that legally, where they wish to infer that an employee committed fraud, they must at least be able to prove that the false act could not have been carried out in error. 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. This week, the Commodity Futures Trading Commission took aim at a South African individual in the largest Bitcoin fraud case under the regulator's purview, resulting in more than $3.4 billion in . Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. 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.
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