It's that time of the year, applications season. Furthermore, the convict was declared unfit to own a firearm in terms of the firearms control Act, said Sekgotodi. The commissioner appeared to believe that the employee had made an error by completing the form. are often trusted more than are junior employees. It is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. After killings, calls to protect S. Africa's whistleblowers It provides cover to workers injured and/or who contract diseases at work. PDF In the Labour Appeal Court of South Africa, Johannesburg This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. Podcast series: click here to find them all. 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. 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. "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 . Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. Millions of people living in South Africa rely on grants from Sassa. No one has been arrested in the killings, which police said had the hallmarks of a professional hit. Invest in the future today. What are examples of workplace fraud and how is it proved? Vicarious liability of an employer when an employee commits an A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. All rights reserved. "Leader of A Movement:" During a Turbulent Time - Garvey 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. Employment and Labour welcomes latest conviction of a couple for - Gov 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. Play daily crosswords, sudoku, puzzles, and more. 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. <> 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. To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? 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. What's your take on the South African nationals trapped in conflict-ridden Sudan? 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 . LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? a) thereof. 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. Offences and penalties | Statistics South Africa ", 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. Without any assurance for my safety from our government, combined with the fact that none of the parties I implicated have been prosecuted, it is unlikely that I can return. For more information about how we protect your personal information, click here, As its name suggests, Labour Guides websites are intended for guidance, or otherwise information, purposes only. 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. The employer suffered a loss of R8,647.60 as a result of the employees conduct. . 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. She was shot multiple times inside her car soon after dropping her daughter off at school and her story has become a rallying call. 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 temptation is to dismiss every employee, who may have possibly been involved. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. Not Reportable . At the time, the employee's previous. Rapid response in these situations can help employers avoid the possibility of losing out on valuable information or destruction of key evidence as a result of inappropriate handling of processes or inadvertently tipping off a suspect.. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. PDF The Labour Court of South Africa, Cape Town Judgment Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many . His son, Thomas Murray, who worked with his father, was declared dead at the scene. According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. 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. 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). 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. Journalism strengthens democracy. All rights reserved. UIF opens fraud case against NPO | SAnews 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. 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. WhatsApp 060 011 021 1. South Africa: Johannesburg Labour Court, Johannesburg 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. This material may not be published, broadcast, rewritten or redistributed. 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. 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. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * Police have arrested two more suspects in the Thabo Bester prison escape case. They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. 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. Comments will be closed 24 hours after the article is published. (1) Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act. 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. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. You will receive mail with link to set new password. The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. What are examples of workplace fraud and how is it proved? - Skills Portal You can cancel anytime and if you cancel within 14 days you won't be billed. The good news is that you can apply for an IEB matric rewrite. For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. 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. 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. Where possible, people should use employment agencies to source helpers. Thokozani Percy Skosana, 42, was a former employee of the . Fraud is a criminal charge and has criminal elements to prove. Grants are paid out based on a grant payment schedule. $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. Please enter your email address. Tucker Carlson: firing highlights texts unearthed during Fox-Dominion A new wave of fraud is targeting bank customers and the number of people falling victim . 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. Copyright Blue Sky Publications Ltd. All Rights Reserved. They face charges of theft and fraud in the awarding of PPE contracts. All JSE data delayed by at least 15 minutes. 1. 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. 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^ CFTC Fines South African More than $3.4 Billion In Largest Bitcoin An employee is caught committing fraud in South Africa - BusinessTech On review to the Labour Court The Court finding that the CCMA - misconstrued the nature of the enquiry it was enjoined to undertake. 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. Can Employers Retrench Employees For Poor Performance? It was established that he had not, in fact, conducted that check and that he should not have completed the form. 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. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. %PDF-1.5 % Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. 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. PRECCA creates a general offence of corruption that is broadly defined. 2023 (3.0.23103.7) 24.com. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . We live in a world where facts and fiction get blurred. Celebrating World Book Day with trees and TikTok. Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. 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. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. 2023 (3.0.23103.7) 24.com. 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. But in his State of the Nation Address this year, President Cyril Ramaphosa acknowledged shortcomings and the need to strengthen the witness protection unit. The court held: '[I]n this case, the employee was charged with dishonesty. 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. The company led clear evidence that it had lost trust in him. He found Mr Ngcobo guilty of negligence, sanctioned him with a written warning valid for 12 months and ordered retrospective reinstatement. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. South Africa: Bribery & Corruption - Norton Rose Fulbright 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. stream By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. The Provincial Head of the Directorate For Priority Crime Investigation Mpumalanga Major General, Zodwa Mokoena applauded the Investigating and Prosecuting teams for the conviction. South Africa's Department of Justice did not respond to messages seeking comment on Williams' experience and the general policy on protection for whistleblowers. PwC investigation finds $7.4 billion accounting fraud at Steinhoff HZv , f ``d1ut0G4v4 ,(KEYY}XX,X3{0?e^q9dg] $-wb@@6@,H0B1 A[ "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. Police . PDF THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. South Africa: Today's latest news and headlines, Tuesday, 2 May 2023 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. After killings, calls to protect S. Africa's whistleblowers hXmo6+pw@.uvAD# . Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS). . 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 money would later be shared. We live in a world where facts and fiction get blurred. 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. 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.
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