Choose from our range of newsletters to get the news you want delivered straight to your inbox. The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. 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). is guilty of an offence and liable on conviction to a fine not exceeding R10 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1 (1) (a) of . All rights reserved. What's your take on the South African nationals trapped in conflict-ridden Sudan? 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. Some of the 15 counts of fraud include corruption, theft and money laundering. Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. 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. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. An employer is legally able to suspend an employee without informing them of the nature of the allegations. We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. 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. The CFTC charged South Africa-based Cornelius Johannes Steynberg with fraud in June 2022, alleging the "controlling person" at MTI accepted 29,421 BTC (valued at more than $1.7 billion at the time . 1 0 obj 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. Spokesperson for the Mpumalanga Hawks, Captain Dineo Lucy Sekgotodi said: Nobody could count how many court appearances he has made over the years.. Thereafter you will be billed R75 per month. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Journalism strengthens democracy. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * At the time, the employee's previous. He died in the hospital. 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 temptation is to dismiss every employee, who may have possibly been involved. Copyright Blue Sky Publications Ltd. All Rights Reserved. Employers tend to charge employees who have received financial gain from misconduct with dishonesty or fraud even in cases where the benefit can be attributed to human error or negligence. During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. 3 0 obj Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. 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. The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. However, employers may need to begin to rethink their idea of what an enquiry should look like, while still meeting the procedural fairness required in terms of the Labour Relations Act (LRA), particularly as the Covid-19 pandemic and remote work have changed the work environment.. More AP Africa news: https://apnews.com/hub/africa. 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. There are various types of entrepreneurs, and each type tends to make their own decisions depending on their personalities, skills, and environment. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. It was then revealed she had compromising information about the woman and her family, he added. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. Then he goes explain what employers need to be able to prove to sustain a case, when there is a dismissal dispute lodged at the CCMA. To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. He was found guilty and he was dismissed on 10 April 2014. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. 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. 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. May Employers Dismiss All Employees Who May Be Involved Without Evidence? 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. WhatsApp 060 011 021 1. The agency responsible for paying these grants has revealed the payment dates for the next year. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. 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. "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 . 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. 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. Did You Know There Are Different Types Of Entrepreneurs? 0 A newsletter dedicated to the best conversations and comments on News24. Who needs to preside over these proceedings? LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? The latest conviction is against the backdrop of a recent court appearance of two suspects at the Pretoria Specialised Commercial Crimes Court after they received R2,7 million from the UIF, but allegedly failed to use the money in line with the Memorandum of Understanding (MOU) signed with the UIF. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> "The suspect allegedly received undue payments of approximately R2.1 million over a period of twelve months," she said. 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. 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. This material may not be published, broadcast, rewritten or redistributed. This must represent a turning of the tide for our country.. Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. endobj 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 Rabkin-Naicker J also observed that the Mr Ngcobos claims were approved by his line manager who had also recorded on email that she and Mr Ngcobo had learned a lesson from their mishaps. Shongwe said over the years, the police have been inundated with complaints of people who have been robbed of huge amounts of money. 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. This helps to safeguard the integrity of the investigation, any evidence, as well as any potential witnesses, said Hinxman. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. This week ivan Israelstam deals with cases where this has happened. committing fraud and concluding that his dismissal was substantively fair. Podcast series: click here to find them all. This week Ivan Israelstam gives examples of fair discrimination. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? "For example, employers often get trapped into levelling an allegation of fraud against an employee. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. Copyright 2023 by The Associated Press. 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. 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. Through this company, he registered ghost employees so that he could claim UIF benefits on their behalf, when in fact it was going into his pocket. It is the lowest form of unethical behavior to ask a citizen to risk their life for our country and then not offer them protection when they face retaliation.. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. Can Employers Retrench Employees For Poor Performance? Unforeseen circumstances that lead to a loss of income can be devastating for many people. But, they all contribute to the economy and create jobs. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. 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. HZv , f ``d1ut0G4v4 ,(KEYY}XX,X3{0?e^q9dg] $-wb@@6@,H0B1 A[ Lost your password? 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. We pay cash for videos. The employee "self-dismissal" was found to be both procedurally and substantively unfair. 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. 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. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. 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. All JSE data delayed by at least 15 minutes. Oops! A US judge ordered a South African executive to pay more than $3.4 billion in restitution and fines for a fraud scheme involving Bitcoin the highest-ever civil monetary penalty in any US . It might be argued that this was a type of fraud in the sense that he would have gained from it by dishonestly avoiding having to do the work necessary to complete the sample check. The Global Initiative Against Transnational Organised Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many of the targeted individuals. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. Podcast series: click here to find them all. b\eX3x|NUGU=+P#I ;I{>N|Uf|+x;y"8c"Y^fb'evx_fIS4e6-;~$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^ This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . The company led clear evidence that it had lost trust in him. WATCH | Oh buoy! The optimisation of these skills is crucially important because: BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. In this instance intention to It's that time of the year, applications season. You can cancel anytime and if you cancel within 14 days you won't be billed. 18. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. 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. To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. Comments will be closed 24 hours after the article is published. The ombud investigated more than 2,880 banking fraud related cases last year, an increase of 7.5% from 2020. As per the case law above, the parity principle is a factor that has . Please enter your email address. 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. READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. The pair, aged 32 and 57, are expected to appear in the Palm Ridge Specialised Commercial Crimes Court on Monday. <> You can cancel anytime and if you cancel within 14 days you won't be billed. endobj 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. Case against SARS accomplice postponed for a further pre-trial. All Rights Reserved, Department of Health's Covid-19 online resource and news portal. 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. 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. Attacks on BusinessTech, its journalists or other users will result in a ban. <>/Metadata 169 0 R/ViewerPreferences 170 0 R>> The domestic worker was arrested on Tuesday but has yet to appear in court. South Africa's Department of Justice did not respond to messages seeking comment on Williams' experience and the general policy on protection for whistleblowers. 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. %PDF-1.5 % 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. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? Are you an IEB learner looking to improve your matric results or unable to sit for the exams? 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.. 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. 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 . 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. Journalism strengthens democracy. 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. Knowing when they will receive their money is critical for beneficiaries of the grant as it will inform them how to manage their funds. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? %PDF-1.7 BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. 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. Go to: www.labourlawadvice.co.za. Mogale said it reportedly happened between 2019 and 2020. Copyright Blue Sky Publications Ltd. All Rights Reserved. ", 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. . The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. Simply put, the arbitrator found the employee's dismissal unfair once he was dismissed for a misconduct which he was never charged for. WASHINGTON, April 27 (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 . This week Ivan Israelstam answers the question: what is workplace fraud? There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. 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. stream 2 0 obj All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. Furthermore, the convict was declared unfit to own a firearm in terms of the firearms control Act, said Sekgotodi. Thokozani Percy Skosana, 42, was a former employee of the . JOHANNESBURG (AP) An accountant working on a high-profile corruption case was killed along with his son by unknown gunmen while traveling on one of South Africa's main highways. In times of uncertainty you need journalism you can trust. Play daily crosswords, sudoku, puzzles, and more. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. cna travel contract assignments with housing and transportation, are there sharks in rhodes greece,
Richie Sambora New Jersey Guitar Rig, Kast Construction Current Projects, Capricorn Weekly Horoscope Susan Miller, Adopt Horse In Palmer, Ak, Articles E