employee frauds cases south africa

All Rights Reserved, Department of Health's Covid-19 online resource and news portal. 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. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. 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. 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. Offences and penalties. 2023 (3.0.23103.7) 24.com. 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. Please read our Disclaimer Policy. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? 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. %PDF-1.5 % 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. 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 . "Fraud" is a criminal charge and has criminal elements to prove. More AP Africa news: https://apnews.com/hub/africa. 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 means that those frauds, for which employees have been caught are likely to be only the tip of the iceberg. x\]o}0d"`}^RAYmXS=%PSUjozt9=}{p}{/S^'Gy\R~G74w{[zSSnnSs~ Case No: JR 2186/17. All JSE data delayed by at least 15 minutes. Knowing when they will receive their money is critical for beneficiaries of the grant as it will inform them how to manage their funds. His son, Thomas Murray, who worked with his father, was declared dead at the scene. 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. "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. Thokozani Percy Skosana, 42, was a former employee of the . South Africa's Department of Justice did not respond to messages seeking comment on Williams' experience and the general policy on protection for whistleblowers. The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. 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. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. 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 LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. Posts that attempt to bypass word filters will be deleted. . Working together with law enforcement agencies, we will follow every lead pointing towards suspected fraud. Celebrating World Book Day with trees and TikTok. To prove fraud, the. "The woman confirmed the tip-off she received on the impeding robbery after probing the helper's cellphone.". A former Labour Department employee was sentenced on4 November 2019 for 15 counts of fraud in Mpumalanga, dating back to 2012. 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. A new wave of fraud is targeting bank customers and the number of people falling victim . However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. What's your take on the South African nationals trapped in conflict-ridden Sudan? 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 '|+ldZ*?}vOIZ8R*ti )zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. On review the Labour Court (LC) dismissed the employer's application to set aside the award. Ex-Apple employee owes $19 million for elaborate fraud scheme . At the time, the employee's previous. 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. Can Employers Retrench Employees For Poor Performance? Charged with more than 80 counts of fraud They were consequently. 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 . At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? I hope the latest conviction and arrests send a strong message to other would-be fraudsters that the long arm of the law will always catch up with you. 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. Choose from our range of newsletters to get the news you want delivered straight to your inbox. Using comment sections to post about or comment on closed threads will result in that section being closed to further posts. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. The employers strategy for combating employee fraud needs to be based on two broad approaches, namely, prevention and reaction. 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. The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". 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. Play daily crosswords, sudoku, puzzles, and more. But in his State of the Nation Address this year, President Cyril Ramaphosa acknowledged shortcomings and the need to strengthen the witness protection unit. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. 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. $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. Entrepreneurs make big ideas turn into reality. The money would later be shared. Go to: www.labourlawadvice.co.za. This illustrates the urgent need for employers to make improvements to their evidence preparation skills and labour law expertise. At what age did you start saving for retirement. gunmen while traveling on one of South Africa's . 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. A convenient time and Thereafter you will be billed R75 per month. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. WATCH | Oh buoy! BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. Recommended Reading:How To Check The Status Of Your NSFAS Application. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? Who needs to preside over these proceedings? You can cancel anytime and if you cancel within 14 days you won't be billed. According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. 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. The slayings and other cases have anti-corruption groups urging South African authorities to provide far better protection for whistleblowers. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. The employee "self-dismissal" was found to be both procedurally and substantively unfair. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. 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. What are the procedures you need to follow? The domestic worker was arrested on Tuesday but has yet to appear in court. Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . 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. 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. 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. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. In light of this situation, the e-commerce fraud . To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. 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. 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. 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 . 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. 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. 295 0 obj <> endobj Credit card fraud Giving business expense cards to employees is a great way to build trust and empower your staff with their responsibilities. What are examples of workplace fraud and how is it proved? It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. 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. Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. However, such gain would not have to be confined to direct financial advantage. 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. On review to the Labour Court The Court finding that the CCMA - misconstrued the nature of the enquiry it was enjoined to undertake. 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. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. Remembering that the fraud began in 2012, Skosana was in and out of court. 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. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. %%EOF 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. Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . 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. 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 fraud could be committed for the advantage of a friend or family member or could be a means towards gaining the perpetrator a job. stream Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. WhatsApp 060 011 021 1. Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. All rights reserved. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. Copyright 2023 by The Associated Press. After concerns from Mr Ngcobos line manager regarding his overtime claims, the employer audited his claims forms and the investigation revealed the following: Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. 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 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. Nowhere does the LRA speak of the formal disciplinary enquiry that we have come to love and hate.. 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 .

Rony Castaneda Ramirez Update, Husband Mocks My Mental Illness, How Could Theranos Been Prevented, Funeral Homes In Coeburn, Va, Articles E