employee frauds cases south africa

A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. On review, the Labour Court upheld the decision of the commissioner. According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. 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. Finding - that the employee had acted under economic duress when committing the acts of misconduct. endobj It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. Celebrating World Book Day with trees and TikTok. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. These could include measures such as video cameras and telephone conversation recordings, authority levels and procedures, access controls and auditing procedures amongst others. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. On review to the Labour Court The Court finding that the CCMA - misconstrued the nature of the enquiry it was enjoined to undertake. Who needs to preside over these proceedings? 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 . 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. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". 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 . PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? Oops! In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. 295 0 obj <> endobj LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? 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. Grants are paid out based on a grant payment schedule. a) thereof. All JSE data delayed by at least 15 minutes. 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. We pay cash for videos. Recommended Reading:How To Check The Status Of Your NSFAS Application. 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. 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. For millions of South Africans who depend on Sassa's social grants, the start of a new month means grant payments have begun. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. The optimisation of these skills is crucially important because: BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. 4 0 obj More AP Africa news: https://apnews.com/hub/africa. 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 convenient time and The Directorate for Priority Crime Investigation (Hawks) pursued the case after it was reported. Fraud is a criminal charge and has criminal elements to prove. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. 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. 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. The Prevention and Combating of Corrupt Activities Act ( PRECCA) is South Africa's main anti-bribery and anti-corruption legislation and is akin to the United Kingdom's Bribery Act. A newsletter dedicated to the best conversations and comments on News24. To prove fraud, the. 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. 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 book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. What are the procedures you need to follow? Shongwe said according to the employer, she received a tip-off from someone who was adamant the suspect had already given her information to someone who later used it for criminal purposes. For example, claiming false qualifications for a job would be fraudulent in the sense that the job applicant would be gaining employment based on a lie. The court held: '[I]n this case, the employee was charged with dishonesty. 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. . At what age did you start saving for retirement. "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 times of uncertainty you need journalism you can trust. Tax fraudsters sentenced in high court. 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 . He died in the hospital. Choose from our range of newsletters to get the news you want delivered straight to your inbox. 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. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. 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. 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. 3 0 obj This was after the couple, who are directors of Denmeng Trading, applied for Covid-19 TERS for 553 workers when they only employed 22. Copyright 2023 by The Associated Press. 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. 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. gunmen while traveling on one of South Africa's . This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? What are examples of workplace fraud and how is it proved? Simply put, the arbitrator found the employee's dismissal unfair once he was dismissed for a misconduct which he was never charged for. Case against SARS accomplice postponed for a further pre-trial. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. The pair, aged 32 and 57, are expected to appear in the Palm Ridge Specialised Commercial Crimes Court on Monday. Posts that attempt to bypass word filters will be deleted. Never miss a story. which confirms that employees committed fraud. Workplace fraud, by its nature, is a secretive act. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. Can Employers Retrench Employees For Poor Performance? This is not what was envisioned by the current LRA which aimed rather to de-formalise the disciplinary enquiry and move away from a system similar to that used in criminal cases including a shift away from a criminal language such as being charged or being found guilty or not guilty, she said. 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. 1. ", 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. This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee. Please enter your email address. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. It was established that he had not, in fact, conducted that check and that he should not have completed the form. endobj The temptation is to dismiss every employee, who may have possibly been involved. 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 By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. The Provincial Head of the Directorate For Priority Crime Investigation Mpumalanga Major General, Zodwa Mokoena applauded the Investigating and Prosecuting teams for the conviction. Attacks on BusinessTech, its journalists or other users will result in a ban. Are you an IEB learner looking to improve your matric results or unable to sit for the exams? gunmen while traveling on one of South Africa's . Case No: JR 2186/17. 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. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. Six men have been charged with murder in her killing. stream Entrepreneurs make big ideas turn into reality. Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. However, it can often be the case that businesses are not as prepared to deal with cases of fraud that have been committed from within the company and lack clear and fully implemented processes in place. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. The company, previously known as Bosasa and now named African Global Holdings, was one of the most prominent subjects of the Zondo Commission a judicial inquiry into government and other high-level corruption during the 2008-2019 presidency of Jacob Zuma, who is on trial on separate corruption allegations. WATCH | Oh buoy! All rights reserved. 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. 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. 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. Credit card fraud Giving business expense cards to employees is a great way to build trust and empower your staff with their responsibilities. 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. Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . Millions of people living in South Africa rely on grants from Sassa. Many universities in South Africa are now taking applications for the 2024 academic year, here's a list of them and how you can apply. Remembering that the fraud began in 2012, Skosana was in and out of court. WhatsApp 060 011 021 1. You can cancel anytime and if you cancel within 14 days you won't be billed. This leaves the door open to severe consequences arising, which may be compounded by a delayed and disorganised response.. "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 suspect) cellphone. 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.

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