After killings, calls to protect S. Africa's whistleblowers However, it is important to note that an employee must be suspended on full pay. Oops! He agreed to be paid at a rate of 1.0 per hour (his normal hourly rate). Offences and penalties. 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. Offences and penalties | Statistics South Africa To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. 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 . Did You Know There Are Different Types Of Entrepreneurs? Invest in the future today. The Directorate for Priority Crime Investigation (Hawks) pursued the case after it was reported. 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^ We pay cash for videos. "Fraud" is a criminal charge and has criminal elements to prove. PwC investigation finds $7.4 billion accounting fraud at Steinhoff 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. 1 0 obj %PDF-1.7 "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. 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. 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. Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. hbbd``b`SA* zHX@L? 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. PRECCA also imposes a statutory reporting obligation in instances where suspicion exists . READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. The Provincial Head of the Directorate For Priority Crime Investigation Mpumalanga Major General, Zodwa Mokoena applauded the Investigating and Prosecuting teams for the conviction. Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . On review, the Labour Court upheld the decision of the commissioner. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. 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. 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. 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. 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. 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. All rights reserved. '|+ldZ*?}vOIZ8R*ti )zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. An employer is legally able to suspend an employee without informing them of the nature of the allegations. Knowing when they will receive their money is critical for beneficiaries of the grant as it will inform them how to manage their funds. 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). South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. 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. An employee is caught committing fraud in South Africa - BusinessTech Third person arrested by Hawks in connection with alleged fraud of R1-million by an employee at the Harrismith branch. Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. Something went wrong, please try again later. 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. ", 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. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? 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. 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. 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. After killings, calls to protect S. Africa's whistleblowers Podcast series: click here to find them all. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. 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.. 18. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. Go to: www.labourlawadvice.co.za. The employer suffered a loss of R8,647.60 as a result of the employees conduct. 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. This helps to safeguard the integrity of the investigation, any evidence, as well as any potential witnesses, said Hinxman. by Corn van Zyl 02-05-2023 05:30 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. Finding - that the employee had acted under economic duress when committing the acts of misconduct. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za.
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