The optimisation of these skills is crucially important because: BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Where possible, people should use employment agencies to source helpers. The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". 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. 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. 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 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. facts which is a dishonesty offence related to fraud. gunmen while traveling on one of South Africa's . 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. He was found guilty and he was dismissed on 10 April 2014. 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.. A convenient time and Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. Oops! The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. Podcast series: click here to find them all. The information on this website does not constitute legal advice. Unforeseen circumstances that lead to a loss of income can be devastating for many people. May Employers Dismiss All Employees Who May Be Involved Without Evidence? The CFTC charged South Africa-based Cornelius Johannes Steynberg with fraud in June 2022, alleging the "controlling person" at MTI accepted 29,421 BTC (valued at more than $1.7 billion at the time . gunmen while traveling on one of South Africa's . This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . At the time, the employee's previous. Choose from our range of newsletters to get the news you want delivered straight to your inbox. WATCH | Oh buoy! There are various types of entrepreneurs, and each type tends to make their own decisions depending on their personalities, skills, and environment. 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. 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. Copyright Blue Sky Publications Ltd. All Rights Reserved. This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee. endstream endobj startxref Third person arrested by Hawks in connection with alleged fraud of R1-million by an employee at the Harrismith branch. 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. Go to: www.labourlawadvice.co.za. are often trusted more than are junior employees. This week Ivan Israelstam explains how a CCMA Arbitrator dealt with a dismissal where an employer mistakenly thought that an employee could "dismiss themselves" - and exactly what the mistake cost the employer. The temptation is to dismiss every employee, who may have possibly been involved. Nothing in any of Labour Guides websites is to be considered as rendering legal or professional advice. Play daily crosswords, sudoku, puzzles, and more. WASHINGTON (Reuters) - A federal judge in Texas ordered the head of a South African firm to pay a whopping $3.4 billion for what the U.S. commodities regulator said was its largest-ever fraud case . "The woman confirmed the tip-off she received on the impeding robbery after probing the helper's cellphone.". At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. Appointing the correct chairperson can also help to ensure that the true misconduct (if any) is identified, notwithstanding the categorisation of the allegation against the employee, she said. In South Africa, sentencing is considered the primary prerogative of trial courts, which enjoy wide discretion to determine the type and severity of a sentence on a case-by-case basis. However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. uzs^Ksl:ggo]]H}e]=&3s{u:>S}G:?1>$A2zz?0zBan'7. 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 . 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. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * 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 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. Recommended Reading:How To Check The Status Of Your NSFAS Application. Celebrating World Book Day with trees and TikTok. 4 0 obj Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. 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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. In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. Employers need to understand that legally, where they wish to infer that an employee committed fraud, they must at least be able to prove that the false act could not have been carried out in error. Millions of people living in South Africa rely on grants from Sassa. The money would later be shared. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. 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. It is important that misconduct enquiries be led by a competent, impartial chairperson in order to ensure fairness, substantively and procedurally.This person can be an independent party or an internal manager who has no prior knowledge of the incident, said Hinxman. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Police . What's your take on the South African nationals trapped in conflict-ridden Sudan? Below, Hinxman shared some insights into key questions you might have as an employer when taking action against employees suspected or alleged of having committed fraud. In either instance, a capable chairperson will be able to recognise that an employer is not a legal representative and can identify the true misconduct of the employee.. The courts sentenced him to 5 years in prison. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. All rights reserved. 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. 18. "Failure to do so could result in huge losses and even endanger their lives or that of their families.". She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. 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. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". Oops! 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. The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ Police have arrested two more suspects in the Thabo Bester prison escape case. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? By submitting your email address to us, you agree to receive our newsletters and course updates. For example, employers often get trapped into levelling an allegation of fraud against an employee. Case against SARS accomplice postponed for a further pre-trial. Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. 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 read our Disclaimer Policy. Ex-Apple employee owes $19 million for elaborate fraud scheme . 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. He died in the hospital. The annual International Fraud Awareness Week last November highlighted an increasing problem that organisations around the world are . We pay cash for videos. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. hXmo6+pw@.uvAD# According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. "For example, employers often get trapped into levelling an allegation of fraud against an employee.
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