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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. . This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements. Millions of people living in South Africa rely on grants from Sassa. Play daily crosswords, sudoku, puzzles, and more. Kindly take notice of our disclaimer policy published at the bottom of the home page of this website. A newsletter dedicated to the best conversations and comments on News24. She was shot multiple times inside her car soon after dropping her daughter off at school and her story has become a rallying call. 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. Tax fraudsters sentenced in high court. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. Copyright Blue Sky Publications Ltd. All Rights Reserved. Nowhere does the LRA speak of the formal disciplinary enquiry that we have come to love and hate.. "Failure to do so could result in huge losses and even endanger their lives or that of their families.". 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 . LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? What are the procedures you need to follow? $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ The proceeds of the sale were then deposited into Mazibukos account, who in turn allegedly withdrew it and gave it to Daguma in cash, police spokesperson Warrant Officer Lynda Steyn said. This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee. READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. The employee "self-dismissal" was found to be both procedurally and substantively unfair. The courts sentenced him to 5 years in prison. Can Employers Retrench Employees For Poor Performance? Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. gunmen while traveling on one of South Africa's . 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. We pay cash for videos. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. 335 0 obj <>stream The compensation fund is a public entity under the administration of the Department of Labour. 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. 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. 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. 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. Comments will be closed 24 hours after the article is published. In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. Another arrest in fraud case involving Standard Bank employee After killings, calls to protect S. Africa's whistleblowers It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. Six men have been charged with murder in her killing. Oops! 1 0 obj Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. 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. CFTC Fines South African More than $3.4 Billion In Largest Bitcoin This material may not be published, broadcast, rewritten or redistributed. 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. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. 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. 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. 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. . In this instance intention to 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. 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. WATCH | Oh buoy! 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. 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. "Fraud" is a criminal charge and has criminal elements to prove. Offences and penalties | Statistics South Africa At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. In times of uncertainty you need journalism you can trust. 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. Tucker Carlson: firing highlights texts unearthed during Fox-Dominion According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. 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. While fraud can occur at any level it is at its most dangerous at the upper levels of the organisation. Unforeseen circumstances that lead to a loss of income can be devastating for many people. Entrepreneurs make big ideas turn into reality. %PDF-1.7 UIF opens fraud case against NPO | SAnews 18. 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. Photo credit: Image by Mohamed Hassan from Pixabay. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? Simply put, the arbitrator found the employee's dismissal unfair once he was dismissed for a misconduct which he was never charged for. Podcast series: click here to find them all. To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. 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. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. All rights reserved. WhatsApp 060 011 021 1. 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. 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. 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 gives examples of fair discrimination. South Africa: Bribery & Corruption - Norton Rose Fulbright endobj The optimisation of these skills is crucially important because: BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. . Thereafter you will be billed R75 per month. "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. Invest in the future today. 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. 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. 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. 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. Business Fraud in South Africa - Tech4Law 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. The company led clear evidence that it had lost trust in him. 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. Grants are paid out based on a grant payment schedule. 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. 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.. Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. 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. They were found guilty on 487 counts of VAT fraud and alternative charges such . % He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [email protected]. E-commerce fraud - statistics & facts | Statista We will not tolerate the siphoning of workers benefits by unscrupulous individuals. Go to: www.labourlawadvice.co.za. We pay cash for videos. Where possible, people should use employment agencies to source helpers. He died in the hospital. PDF In the Labour Appeal Court of South Africa, Johannesburg He agreed to be paid at a rate of 1.0 per hour (his normal hourly rate). facts which is a dishonesty offence related to fraud. Copyright 2023 by The Associated Press. Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. He was found guilty and he was dismissed on 10 April 2014. The employer suffered a loss of R8,647.60 as a result of the employees conduct. An employer is legally able to suspend an employee without informing them of the nature of the allegations. 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. 295 0 obj <> endobj Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. 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. 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. 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. Fugitive Mirror CEO Ordered to Pay $3.4 Billion in Fraud Case Involving 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. What's your take on the South African nationals trapped in conflict-ridden Sudan? He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. 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. All JSE data delayed by at least 15 minutes. "For example, employers often get trapped into levelling an allegation of fraud against an employee. It remains increasingly important that businesses fight fraud and corruption by understanding when and how to process any allegations that come forward while remaining cognisant of the employee and employer rights., Read: The new Covid-19 legal case that South African workers should know about, An employee is caught committing fraud in South Africa heres what happens next, The new Covid-19 legal case that South African workers should know about, Crossover SUVs you can get in South Africa for R10,000 a month, South Africans are having to rent out parts of their homes heres why, You need to stop using your phone on the toilet, Unleash fast wifi everywhere: Upgrade your wifi experience with a mesh system, Business Talk Establish your company as a market leader, Wingu Academy and The Angela Academy join forces to provide high-tech schooling to underprivileged communities in South Africa, SARS is coming after these wealthy taxpayers, Lower stages of load shedding planned for this week heres the new schedule, Silver lining for South Africas property market, This new work trend causing headaches for businesses in South Africa, 3 ways South Africans can acquire citizenship in another country, Compelling ways to diversify and grow your retirement pot. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. 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. 1. 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. These could include measures such as video cameras and telephone conversation recordings, authority levels and procedures, access controls and auditing procedures amongst others. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? Employment and Labour welcomes latest conviction of a couple for - Gov They face charges of theft and fraud in the awarding of PPE contracts. In times of uncertainty you need journalism you can trust. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. 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. By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. 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. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? 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. More AP Africa news: https://apnews.com/hub/africa. PRECCA creates a general offence of corruption that is broadly defined. At the time, the employee's previous. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. PDF In the Tax Court of South Africa Held at Durban 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. Workplace fraud, by its nature, is a secretive act. 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. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. After killings, calls to protect S. Africa's whistleblowers Furthermore, the convict was declared unfit to own a firearm in terms of the firearms control Act, said Sekgotodi. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE NO: JR158/17 . Go to: www.labourlawadvice.co.za. Shongwe said over the years, the police have been inundated with complaints of people who have been robbed of huge amounts of money. What's your take on the South African nationals trapped in conflict-ridden Sudan? In light of this situation, the e-commerce fraud . Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. 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. @b@b BDiSMW`@J& @BqH#> pZ The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. 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.