The employee "self-dismissal" was found to be both procedurally and substantively unfair. He died in the hospital. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. To prove fraud, the. 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. Oops! ", 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. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. South Africa: Johannesburg Labour Court, Johannesburg Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. US Court Orders South African Firm's CEO to Pay $3.4 Billion for 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. You will receive mail with link to set new password. 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 . 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. All Rights Reserved, Department of Health's Covid-19 online resource and news portal. PDF The Labour Court of South Africa, Cape Town Judgment We pay cash for videos. 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 . <> Photo credit: Image by Mohamed Hassan from Pixabay. All JSE data delayed by at least 15 minutes. which confirms that employees committed fraud. hXmo6+pw@.uvAD# Those who have helped themselves to funds earmarked for workers during the lockdown should always remember that the law is creeping towards them and they will not have any peace. The slayings and other cases have anti-corruption groups urging South African authorities to provide far better protection for whistleblowers. 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. 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. Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . Go to: www.labourlawadvice.co.za. Fraud is a criminal charge and has criminal elements to prove. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. We live in a world where facts and fiction get blurred. Celebrating World Book Day with trees and TikTok. Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. Using comment sections to post about or comment on closed threads will result in that section being closed to further posts. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. Third person arrested by Hawks in connection with alleged fraud of R1-million by an employee at the Harrismith branch. The domestic worker was arrested on Tuesday but has yet to appear in court. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Copyright 2023 by The Associated Press. This week Ivan Israelstam gives examples of fair discrimination. After killings, calls to protect S. Africa's whistleblowers Lost your password? 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. a) thereof. <> They were found guilty on 487 counts of VAT fraud and alternative charges such . For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Go to: www.labourlawadvice.co.za. "Failure to do so could result in huge losses and even endanger their lives or that of their families.". E-commerce fraud - statistics & facts | Statista Journalism strengthens democracy. Are you an IEB learner looking to improve your matric results or unable to sit for the exams? Something went wrong, please try again later. Vicarious liability of an employer when an employee commits an 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. 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. 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. His son, Thomas Murray, who worked with his father, was declared dead at the scene. May Employers Dismiss All Employees Who May Be Involved Without Evidence? WATCH | Oh buoy! Once an investigation has been completed and sufficient evidence has been established to take disciplinary action against the employees involved, the next step is, generally, to convene a disciplinary enquiry. Banking scams are soaring, and victims are not getting - TimesLIVE In this matter, an employee was charged with misconduct for being absent for four or more days without a valid reason, noted law firm Webber Wentzel. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE NO: JR158/17 . Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. Six men have been charged with murder in her killing. Podcast series: click here to find them all. WASHINGTON (Reuters) - A federal judge in Texas ordered the head of a South African firm to pay a whopping $3.4 billion for what the U.S. commodities regulator said was its largest-ever fraud case . For more information about how we protect your personal information, click here, As its name suggests, Labour Guides websites are intended for guidance, or otherwise information, purposes only. Journalism strengthens democracy. endstream endobj 296 0 obj <>/Metadata 46 0 R/Outlines 72 0 R/PageLayout/OneColumn/Pages 290 0 R/StructTreeRoot 81 0 R/Type/Catalog>> endobj 297 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 298 0 obj <>stream The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. A 49-year-old general security manager has been arrested after he allegedly committed fraud to the value of R2.1 million in Potchefstroom in the North West, the Hawks said. b\eX3x|NUGU=+P#I ;I{>N|Uf|+x;y"8c"Y^fb'evx_fIS4e6-;~$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 . He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. endobj On review to the Labour Court The Court finding that the CCMA - misconstrued the nature of the enquiry it was enjoined to undertake. To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. . 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. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. It's that time of the year, applications season. Millions of people living in South Africa rely on grants from Sassa. Fugitive Mirror CEO Ordered to Pay $3.4 Billion in Fraud Case Involving 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. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. The annual International Fraud Awareness Week last November highlighted an increasing problem that organisations around the world are . This helps to safeguard the integrity of the investigation, any evidence, as well as any potential witnesses, said Hinxman. Mogale said it reportedly happened between 2019 and 2020. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. 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 . Finding - that the employee had acted under economic duress when committing the acts of misconduct. It was established that he had not, in fact, conducted that check and that he should not have completed the form. Tucker Carlson: firing highlights texts unearthed during Fox-Dominion In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. 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. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. The pair, aged 32 and 57, are expected to appear in the Palm Ridge Specialised Commercial Crimes Court on Monday. Please enter your email address. 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. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. Another arrest in fraud case involving Standard Bank employee He was found guilty and he was dismissed on 10 April 2014. He was found guilty and he was dismissed on 10 April 2014. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. 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. Invest in the future today. 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.. What's your take on the South African nationals trapped in conflict-ridden Sudan? Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. They are scheduled to be sentenced on 17 May 2022. You can cancel anytime and if you cancel within 14 days you won't be billed. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. In this instance intention to The employer suffered a loss of R8,647.60 as a result of the employees conduct. "The woman confirmed the tip-off she received on the impeding robbery after probing the helper's cellphone.". 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. endstream endobj startxref The company led clear evidence that it had lost trust in him. uzs^Ksl:ggo]]H}e]=&3s{u:>S}G:?1>$A2zz?0zBan'7. Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. The project is expected to resume in April 2022 upon the appointment of audit firms and it is anticipated that additional recoveries will be made, and more arrests will take place as fraudulent claims are uncovered. 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. This breaks my heart, Williams said in an interview with The Associated Press. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. 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. Remembering that the fraud began in 2012, Skosana was in and out of court. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. Feature: Internal fraud - Who commits it and why? - Accountancy SA "Leader of A Movement:" During a Turbulent Time - Garvey are often trusted more than are junior employees. 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. Please read our Disclaimer Policy. Currently, disciplinary enquiries are held as extremely formal affairs, where those involved will sit down together in a tribunal manner. The compensation fund is a public entity under the administration of the Department of Labour. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. Podcast series: click here to find them all. They face charges of theft and fraud in the awarding of PPE contracts. Play daily crosswords, sudoku, puzzles, and more. 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. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? These could include measures such as video cameras and telephone conversation recordings, authority levels and procedures, access controls and auditing procedures amongst others. By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Police . At the time, the employee's previous. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> South African CEO Ordered to Pay a Record $3.4B in CFTC Bitcoin Forex PwC investigation finds $7.4 billion accounting fraud at Steinhoff Nowhere does the LRA speak of the formal disciplinary enquiry that we have come to love and hate.. All rights reserved. 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. 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. 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. It is important that misconduct enquiries be led by a competent, impartial chairperson in order to ensure fairness, substantively and procedurally.This person can be an independent party or an internal manager who has no prior knowledge of the incident, said Hinxman. % 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. Copyright Blue Sky Publications Ltd. All Rights Reserved. Some of the 15 counts of fraud include corruption, theft and money laundering. US court orders South African firm's CEO to pay $3.4 bln for bitcoin fraud '|+ldZ*?}vOIZ8R*ti )zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. Domestic worker arrested for fraud for allegedly taking photos of Offences and penalties | Statistics South Africa . 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. 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. Offences and penalties. The first step that any employer should take when any allegations of fraud have been brought to its attention is to suspend the employees who are alleged to be involved. The commissioner appeared to believe that the employee had made an error by completing the form. However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. 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. Employment and Labour welcomes latest conviction of a couple for - Gov 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. 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. 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. The employer suffered a loss of R8,647.60 as a result of the employees conduct. Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. 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. 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. 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. gunmen while traveling on one of South Africa's . Not Reportable . WATCH | Oh buoy! facts which is a dishonesty offence related to fraud. %PDF-1.7 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. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. However, joint efforts by the UIFs investigators, law enforcement agencies at the Fusion Centre such as the HAWKS, National Prosecuting Authority (NPA), and the Financial Intelligence Centre (FIC) led to the couples successful arrest and conviction. South Africa: Bribery & Corruption - Norton Rose Fulbright Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. 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. This leaves the door open to severe consequences arising, which may be compounded by a delayed and disorganised response.. While fraud can occur at any level it is at its most dangerous at the upper levels of the organisation. Entrepreneurs make big ideas turn into reality. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. 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 . This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements. In light of this situation, the e-commerce fraud . It was then revealed she had compromising information about the woman and her family, he added. Financial Crime in South Africa: Overview | Practical Law Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. 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. 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. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. @b@b BDiSMW`@J& @BqH#> pZ 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. 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. Tax fraudsters sentenced in high court - South African Revenue Service Thereafter you will be billed R75 per month. Posts that attempt to bypass word filters will be deleted. 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.. Case No: JR 2186/17. 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.. 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. 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. In June 1923, the United States government charged, tried, and convicted Marcus Mosiah Garvey (1887-1940) - National Hero of Jamaica, political activist, and movement leader - of mail fraud for allegedly selling stock of his own shipping and passenger company, the Black Star Line.
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