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employee frauds cases south africa

Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . are often trusted more than are junior employees. "The woman confirmed the tip-off she received on the impeding robbery after probing the helper's cellphone.". The agency responsible for paying these grants has revealed the payment dates for the next year. May Employers Dismiss All Employees Who May Be Involved Without Evidence? 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. 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. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. This illustrates the urgent need for employers to make improvements to their evidence preparation skills and labour law expertise. 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. . Our offices are for administrative purposes only, no visitors will be accepted without an appointment. The Directorate for Priority Crime Investigation (Hawks) pursued the case after it was reported. Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. Journalism strengthens democracy. Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. This week Ivan Israelstam answers the question: what is workplace fraud? In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". This means that those frauds, for which employees have been caught are likely to be only the tip of the iceberg. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. <> Workplace fraud, by its nature, is a secretive act. 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. Offences and penalties. Oops! 4 0 obj Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. No one has been arrested in the killings, which police said had the hallmarks of a professional hit. is all about South Africa and the stories that affect South Africans, wherever they are in the world. In times of uncertainty you need journalism you can trust. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. Podcast series: click here to find them all. Not Reportable . For millions of South Africans who depend on Sassa's social grants, the start of a new month means grant payments have begun. Play daily crosswords, sudoku, puzzles, and more. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. Charged with more than 80 counts of fraud They were consequently. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. 2023 (3.0.23103.7) By submitting your email address to us, you agree to receive our newsletters and course updates. They are scheduled to be sentenced on 17 May 2022. The commissioner appeared to believe that the employee had made an error by completing the form. To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via or 011-8887944 or 0828522973. Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. 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. 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. Although we take great care to ensure that the information on our website is accurate and up to date, readers are advised to always consult with a Labour Law Practitioner before acting on the information. For example, employers often get trapped into levelling an allegation of fraud against an employee. 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. In times of uncertainty you need journalism you can trust. This must represent a turning of the tide for our country.. 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: 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. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. The domestic worker was arrested on Tuesday but has yet to appear in court. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. 18. endstream endobj startxref We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. 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. However, it is important to note that an employee must be suspended on full pay. x\]o}0d"`}^RAYmXS=%PSUjozt9=}{p}{/S^'Gy\R~G74w{[zSSnnSs~ 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. facts which is a dishonesty offence related to fraud. 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. 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 . Where possible, people should use employment agencies to source helpers. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? 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. For more information please contact Thabang Rapuleng at [emailprotected] or Tamsanqa Mila at [emailprotected], Article published with the kind courtesy of Cliffe Dekker Hofmeyr READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. 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. To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. 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. 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. Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. The courts sentenced him to 5 years in prison. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. Case No: JR 2186/17. All rights reserved. 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. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? 1 0 obj She was shot multiple times inside her car soon after dropping her daughter off at school and her story has become a rallying call. Copyright Blue Sky Publications Ltd. All Rights Reserved. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. 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. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. %%EOF The information on this website does not constitute legal advice. Tax fraudsters sentenced in high court. 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. It provides cover to workers injured and/or who contract diseases at work. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. As the most recent example, the brazen murder of Cloete Murray and his son sends a chilling and intimidating message to anyone seeking to end impunity for corruption and crime. The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. A convenient time and Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . 3 0 obj The Unemployment Insurance Fund (UIF) has opened a case of fraud against a Western Cape non-profit organisation that allegedly illegally received close to R5 million in the COVID-19 Temporary Employer/Employee Relief Scheme (TERS). Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. During arbitration, he admitted to claiming overtime for time spent outside the workplace during his lunch hour however he explained that his actions were not dishonest and intentional and had apologised for the transgressions. by Corn van Zyl 02-05-2023 05:30 In December 2012, Mr Ngcobo was assigned to work on a project with the Head of Basic Haematology Research Group and he was expected to work overtime. He found Mr Ngcobo guilty of negligence, sanctioned him with a written warning valid for 12 months and ordered retrospective reinstatement. % Choose from our range of newsletters to get the news you want delivered straight to your inbox. Through this company, he registered ghost employees so that he could claim UIF benefits on their behalf, when in fact it was going into his pocket. The good news is that you can apply for an IEB matric rewrite. '|+ldZ*?}vOIZ8R*ti )zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. Copyright Blue Sky Publications Ltd. All Rights Reserved. 335 0 obj <>stream b\eX3x|NUGU=+P#I ;I{>N|Uf|+x;y"8c"Y^fb'evx_fIS4e6-;~$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^ Oops! 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 Working together with law enforcement agencies, we will follow every lead pointing towards suspected fraud. 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 . South Africa's Department of Justice did not respond to messages seeking comment on Williams' experience and the general policy on protection for whistleblowers. 1. 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. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. gunmen while traveling on one of South Africa's . It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. 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 . This week Ivan Israelstam gives examples of fair discrimination. 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. 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 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. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * 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. Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. WATCH | Oh buoy! 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. Unforeseen circumstances that lead to a loss of income can be devastating for many people. On review to the Labour Court The Court finding that the CCMA - misconstrued the nature of the enquiry it was enjoined to undertake. The pair, aged 32 and 57, are expected to appear in the Palm Ridge Specialised Commercial Crimes Court on Monday. We live in a world where facts and fiction get blurred. Grants are paid out based on a grant payment schedule. In the case of Drs Dietrich, Voigt and MIA v Bennet CM N.O CA 14/2016, the Labour Appeal Court confirmed that not all conduct that leads to financial benefit is nefarious. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. 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. According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. But, they all contribute to the economy and create jobs. However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. endobj PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? 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. There are various types of entrepreneurs, and each type tends to make their own decisions depending on their personalities, skills, and environment. 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. A new wave of fraud is targeting bank customers and the number of people falling victim . PRECCA also imposes a statutory reporting obligation in instances where suspicion exists . Photo credit: Image by Mohamed Hassan from Pixabay. 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. The slayings and other cases have anti-corruption groups urging South African authorities to provide far better protection for whistleblowers. All rights reserved. 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. During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. hbbd``b`SA* zHX@L? 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 . However, for the same misconduct, the allegation of misappropriation of funds could be used which has less of a burden of proof did the employee take the money without an authorisation? At the time, the employee's previous. 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. As per the case law above, the parity principle is a factor that has . At the arbitration the employer was unable to convince the commissioner that the employee had completed the form for reasons of fraud. He died in the hospital. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. 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 alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. Invest in the future today. Remembering that the fraud began in 2012, Skosana was in and out of court. endobj How To Apply To Rewrite IEB Matric Papers, Beware Of Retrenchments For Poor Performance, How To Check The Status Of Your NSFAS Application, Here's The Sassa Grant Payment Schedule For 2023/2024, 2024 Applications Are Now Open At These Universities, April Sassa Grant Payments Continue Today, often have easier access to bigger amounts of money, can cause great damage to customer relations, can be in a better position to cover up irregularities. 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. Celebrating World Book Day with trees and TikTok. We pay cash for videos. 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 . He was found guilty and he was dismissed on 10 April 2014. Entrepreneurs make big ideas turn into reality. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. 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. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE NO: JR158/17 . Millions of people living in South Africa rely on grants from Sassa. 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. 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. 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. The Court additionally ordered him to pay the spent money back to the department. Spokesperson for the Mpumalanga Hawks, Captain Dineo Lucy Sekgotodi said: Nobody could count how many court appearances he has made over the years.. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . It's that time of the year, applications season. READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. During the period that Skosana pretended to be claiming for his staff, he made a total of R63 033.56, which the department is now without. Third person arrested by Hawks in connection with alleged fraud of R1-million by an employee at the Harrismith branch. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. 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 . 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. 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. Please read our Disclaimer Policy. 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 . He agreed to be paid at a rate of 1.0 per hour (his normal hourly rate). Police have arrested two more suspects in the Thabo Bester prison escape case. Play daily crosswords, sudoku, puzzles, and more. Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. Some of the 15 counts of fraud include corruption, theft and money laundering. Thereafter you will be billed R75 per month. On review, the Labour Court upheld the decision of the commissioner. 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. Invest in the future today. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. What's your take on the South African nationals trapped in conflict-ridden Sudan? 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. committing fraud and concluding that his dismissal was substantively fair. While fraud can occur at any level it is at its most dangerous at the upper levels of the organisation. 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.

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