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. Invest in the future today. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? 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. READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. 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. The employer suffered a loss of R8,647.60 as a result of the employees conduct. In light of this situation, the e-commerce fraud . In the absence of a clear and credible reason for making such an alleged error I would submit that the balance of probabilities are that the employee completed the check form intentionally and that he did so dishonestly in order to make it appear that he had completed the check. 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. 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. He died in the hospital. In times of uncertainty you need journalism you can trust. A newsletter dedicated to the best conversations and comments on News24. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ This week ivan Israelstam deals with cases where this has happened. x\]o}0d"`}^RAYmXS=%PSUjozt9=}{p}{/S^'Gy\R~G74w{[zSSnnSs~ 3 0 obj
You can cancel anytime and if you cancel within 14 days you won't be billed. Murray was shot in the head while driving with his son in an SUV on the N1 highway just outside Johannesburg in March. Mogale said it reportedly happened between 2019 and 2020. Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. Journalism strengthens democracy. 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. Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. Offences and penalties. Shongwe said over the years, the police have been inundated with complaints of people who have been robbed of huge amounts of money. 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. Finding - that the employee had acted under economic duress when committing the acts of misconduct. 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 . BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. They face charges of theft and fraud in the awarding of PPE contracts. 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. 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. 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. '|+ldZ*?}vOIZ8R*ti
)zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. The employee "self-dismissal" was found to be both procedurally and substantively unfair. 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. 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. But, they all contribute to the economy and create jobs. WATCH | Oh buoy! 2023 (3.0.23103.7) 24.com. A convenient time and A newsletter dedicated to the best conversations and comments on News24. Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. The domestic worker was arrested on Tuesday but has yet to appear in court. Legal officials, public supporters, and his associates demanded . The court held: '[I]n this case, the employee was charged with dishonesty. Go to: www.labourlawadvice.co.za. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? 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. Six men have been charged with murder in her killing. The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS). 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. ", 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. There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. Oops! All Rights Reserved, Department of Health's Covid-19 online resource and news portal. We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. Simply put, the arbitrator found the employee's dismissal unfair once he was dismissed for a misconduct which he was never charged for. gunmen while traveling on one of South Africa's . Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. 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. For more information please contact Thabang Rapuleng at [emailprotected] or Tamsanqa Mila at [emailprotected], Article published with the kind courtesy of Cliffe Dekker Hofmeyr www.cliffedekkerhofmeyr.com. The Court additionally ordered him to pay the spent money back to the department. May Employers Dismiss All Employees Who May Be Involved Without Evidence? What are the procedures you need to follow? We live in a world where facts and fiction get blurred. 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. 2023 (3.0.23103.7) 24.com. 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. Unforeseen circumstances that lead to a loss of income can be devastating for many people. endobj
committing fraud and concluding that his dismissal was substantively fair. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. However, it is important to note that an employee must be suspended on full pay. The Provincial Head of the Directorate For Priority Crime Investigation Mpumalanga Major General, Zodwa Mokoena applauded the Investigating and Prosecuting teams for the conviction. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. 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 . 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. More AP Africa news: https://apnews.com/hub/africa. 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. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. 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. 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 answers the question: what is workplace fraud? Some of the 15 counts of fraud include corruption, theft and money laundering. In this instance intention to He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. 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. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. Credit card fraud Giving business expense cards to employees is a great way to build trust and empower your staff with their responsibilities. We pay cash for videos. @b@b BDiSMW`@J& @BqH#> pZ
It was then revealed she had compromising information about the woman and her family, he added. For example, employers often get trapped into levelling an allegation of fraud against an employee. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. Comments will be closed 24 hours after the article is published. The agency responsible for paying these grants has revealed the payment dates for the next year. Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. Furthermore, the convict was declared unfit to own a firearm in terms of the firearms control Act, said Sekgotodi. 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 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. 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. 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. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. <>
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. stream
Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. But in his State of the Nation Address this year, President Cyril Ramaphosa acknowledged shortcomings and the need to strengthen the witness protection unit. However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. 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. 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. The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. "Failure to do so could result in huge losses and even endanger their lives or that of their families.". Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. 18. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. 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. 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. Copyright Blue Sky Publications Ltd. All Rights Reserved. At what age did you start saving for retirement. All JSE data delayed by at least 15 minutes. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. These could include measures such as video cameras and telephone conversation recordings, authority levels and procedures, access controls and auditing procedures amongst others. which confirms that employees committed fraud. 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. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. 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. <>/Metadata 169 0 R/ViewerPreferences 170 0 R>>
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. 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. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. However, employers may need to begin to rethink their idea of what an enquiry should look like, while still meeting the procedural fairness required in terms of the Labour Relations Act (LRA), particularly as the Covid-19 pandemic and remote work have changed the work environment.. 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. The courts sentenced him to 5 years in prison. gunmen while traveling on one of South Africa's . "The suspect allegedly received undue payments of approximately R2.1 million over a period of twelve months," she said. The company led clear evidence that it had lost trust in him. This was after the couple, who are directors of Denmeng Trading, applied for Covid-19 TERS for 553 workers when they only employed 22. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. %PDF-1.7
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^ They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. 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. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. Fraud is a criminal charge and has criminal elements to prove. 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. This helps to safeguard the integrity of the investigation, any evidence, as well as any potential witnesses, said Hinxman. The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. 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 . 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. 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. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. All rights reserved. We live in a world where facts and fiction get blurred. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. At the arbitration the employer was unable to convince the commissioner that the employee had completed the form for reasons of fraud. Grants are paid out based on a grant payment schedule. The money would later be shared. He was found guilty and he was dismissed on 10 April 2014. Copyright 2023 by The Associated Press. Case against SARS accomplice postponed for a further pre-trial. 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. 335 0 obj
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The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". 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. Tax fraudsters sentenced in high court. Lost your password? hXmo6+pw@.uvAD# Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. are often trusted more than are junior employees. Elevate responsibility for platform risk management Platform fraud requires executive attention and an integrated, enterprise-wide response strategy with a focus on resilience as its foundation. 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. 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. HZv
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WATCH | Oh buoy! The commissioner appeared to believe that the employee had made an error by completing the form. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. 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. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. In times of uncertainty you need journalism you can trust. However, joint efforts by the UIFs investigators, law enforcement agencies at the Fusion Centre such as the HAWKS, National Prosecuting Authority (NPA), and the Financial Intelligence Centre (FIC) led to the couples successful arrest and conviction. There are various types of entrepreneurs, and each type tends to make their own decisions depending on their personalities, skills, and environment. 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 government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. 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? TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. The liability of an employer, however, under circumstances where an employee commits an intentional wrong entirely for his or her own purpose, is a very different kettle of fish. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. South Africa's Department of Justice did not respond to messages seeking comment on Williams' experience and the general policy on protection for whistleblowers. Invest in the future today. However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. Entrepreneurs make big ideas turn into reality. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? endobj
Knowing when they will receive their money is critical for beneficiaries of the grant as it will inform them how to manage their funds. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. Nowhere does the LRA speak of the formal disciplinary enquiry that we have come to love and hate.. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? 1. Did You Know There Are Different Types Of Entrepreneurs? facts which is a dishonesty offence related to fraud. The temptation is to dismiss every employee, who may have possibly been involved. Go to: www.labourlawadvice.co.za. %
"For example, employers often get trapped into levelling an allegation of fraud against an employee. Thereafter you will be billed R75 per month. Not Reportable . While fraud can occur at any level it is at its most dangerous at the upper levels of the organisation. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup?
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