Go to: www.labourlawadvice.co.za. The court held: '[I]n this case, the employee was charged with dishonesty. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . 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. 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. She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. Unforeseen circumstances that lead to a loss of income can be devastating for many people. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? 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. 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. 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. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. 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. Recommended Reading:How To Check The Status Of Your NSFAS Application. 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. 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). 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. 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. READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. What's your take on the South African nationals trapped in conflict-ridden Sudan? The procedural requirements which employers must meet are that an investigation must be held; employees must be notified of the allegations against them using language they can reasonably understand; employees must be able to respond to the allegations, and be given a reasonable amount of time to prepare such response whereafter an independent decision-maker must decide whether the employee has acted as alleged and whether dismissal is appropriate. His son, Thomas Murray, who worked with his father, was declared dead at the scene. 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. 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 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. 1. He has also claimed he survived an attempt on his life when his coffee was laced with cyanide. 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. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. committing fraud and concluding that his dismissal was substantively fair. 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. 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. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. Podcast series: click here to find them all. Legal officials, public supporters, and his associates demanded . At the arbitration the employer was unable to convince the commissioner that the employee had completed the form for reasons of fraud. He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. Offences and penalties. Case No: JR 2186/17. Go to: www.labourlawadvice.co.za. In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. Millions of unemployed individuals rely on the governments social support grant, and this monthly financial support is associated with positive effects on poverty and inequality. Entrepreneurs make big ideas turn into reality. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. Kindly take notice of our disclaimer policy published at the bottom of the home page of this website. WhatsApp 060 011 021 1. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. 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. By submitting your email address to us, you agree to receive our newsletters and course updates. Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. The annual International Fraud Awareness Week last November highlighted an increasing problem that organisations around the world are . LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. 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. Something went wrong, please try again later. Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. 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. 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. This was after the couple, who are directors of Denmeng Trading, applied for Covid-19 TERS for 553 workers when they only employed 22. 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. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. 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. endobj Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. We live in a world where facts and fiction get blurred. He died in the hospital. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. A newsletter dedicated to the best conversations and comments on News24. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. They are scheduled to be sentenced on 17 May 2022. The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. "The woman confirmed the tip-off she received on the impeding robbery after probing the helper's cellphone.". Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . Attacks on BusinessTech, its journalists or other users will result in a ban. 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. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. 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. Thokozani Percy Skosana, 42, was a former employee of the . The employer suffered a loss of R8,647.60 as a result of the employees conduct. Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. 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. "Fraud" is a criminal charge and has criminal elements to prove. 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. Ex-Apple employee owes $19 million for elaborate fraud scheme . A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. You can cancel anytime and if you cancel within 14 days you won't be billed. Police have arrested two more suspects in the Thabo Bester prison escape case. A new wave of fraud is targeting bank customers and the number of people falling victim . Remembering that the fraud began in 2012, Skosana was in and out of court. During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. Buying a home: Are deposits still needed? 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. In times of uncertainty you need journalism you can trust. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. 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. "For example, employers often get trapped into levelling an allegation of fraud against an employee. 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. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. stream 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. 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. There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. gunmen while traveling on one of South Africa's . 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. This must represent a turning of the tide for our country.. '|+ldZ*?}vOIZ8R*ti )zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. All rights reserved. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. 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. It was established that he had not, in fact, conducted that check and that he should not have completed the form. (1) Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act. 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. 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. However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. Podcast series: click here to find them all. 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. 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 . Copyright 2023 by The Associated Press. 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 . Andre de Ruyter has spoken of corruption linked to the government and others at the utility and said Wednesday that unnamed sources who provided him with information feared for their lives. They were found guilty on 487 counts of VAT fraud and alternative charges such . Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. 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. a) thereof. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. It's that time of the year, applications season. "Failure to do so could result in huge losses and even endanger their lives or that of their families.". However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. PRECCA also imposes a statutory reporting obligation in instances where suspicion exists . He said he testified out of a sense of civic duty but was not offered any protection despite the important evidence he provided and will not return to his home country unless his safety is guaranteed. Copyright Blue Sky Publications Ltd. All Rights Reserved. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. 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. 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 provides cover to workers injured and/or who contract diseases at work. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. 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^ LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? Fraud is a criminal charge and has criminal elements to prove. <>/Metadata 169 0 R/ViewerPreferences 170 0 R>> The agency responsible for paying these grants has revealed the payment dates for the next year. In light of this situation, the e-commerce fraud . The survey went on to say that South African organisations reported that senior and middle management commit 77% of all internal fraud and that the profile of the typical fraudster is; Male Aged between 31 and 40, Has worked for his employer for more than 10 years Has acquired a university degree. facts which is a dishonesty offence related to fraud. 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. $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ To prove fraud, the. She was shot multiple times inside her car soon after dropping her daughter off at school and her story has become a rallying call. 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. Using comment sections to post about or comment on closed threads will result in that section being closed to further posts. 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. This illustrates the urgent need for employers to make improvements to their evidence preparation skills and labour law expertise. This week Ivan Israelstam answers the question: what is workplace fraud? The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently.
employee frauds cases south africa Share this content
employee frauds cases south africaYou Might Also Like
employee frauds cases south africahow much does a partner make at kpmg?
employee frauds cases south africakendrick farris no longer vegan
