At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. 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. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. Never miss a story. Police . Oops! which confirms that employees committed fraud. It's that time of the year, applications season. 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 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 the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. Choose from our range of newsletters to get the news you want delivered straight to your inbox. The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS). However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. Offences and penalties | Statistics South Africa All rights reserved. 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. Podcast series: click here to find them all. 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. 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. 2023 (3.0.23103.7) 24.com. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? by Corn van Zyl 02-05-2023 05:30 HZv , f ``d1ut0G4v4 ,(KEYY}XX,X3{0?e^q9dg] $-wb@@6@,H0B1 A[ Podcast series: click here to find them all. This week Ivan Israelstam gives examples of fair discrimination. 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. To prove fraud, the. The Directorate for Priority Crime Investigation (Hawks) pursued the case after it was reported. 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. The temptation is to dismiss every employee, who may have possibly been involved. The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. Tucker Carlson: firing highlights texts unearthed during Fox-Dominion PDF THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE 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. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant 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. An employer is legally able to suspend an employee without informing them of the nature of the allegations. He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. CFTC Fines South African More than $3.4 Billion In Largest Bitcoin 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. They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. On review, the Labour Court upheld the decision of the commissioner. 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. Lost your password? Not Reportable . To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. After killings, calls to protect S. Africa's whistleblowers Invest in the future today. 0 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. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. Tax fraudsters sentenced in high court - South African Revenue Service Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. 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. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". 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. Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. The Court additionally ordered him to pay the spent money back to the department. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. The compensation fund is a public entity under the administration of the Department of Labour. 18. 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. READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. You can cancel anytime and if you cancel within 14 days you won't be billed. 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. You can cancel anytime and if you cancel within 14 days you won't be billed. This breaks my heart, Williams said in an interview with The Associated Press. 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. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? Feature: Internal fraud - Who commits it and why? - Accountancy SA 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. During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. This week ivan Israelstam deals with cases where this has happened. 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. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. US court orders South African firm's CEO to pay $3.4 bln for bitcoin fraud 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. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? He was found guilty and he was dismissed on 10 April 2014. 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 . 2 0 obj Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. South Africa's Department of Justice did not respond to messages seeking comment on Williams' experience and the general policy on protection for whistleblowers. The ombud investigated more than 2,880 banking fraud related cases last year, an increase of 7.5% from 2020. Comments will be closed 24 hours after the article is published. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . 3 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. At the time, the employee's previous. Attacks on BusinessTech, its journalists or other users will result in a ban. By submitting your email address to us, you agree to receive our newsletters and course updates. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. 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 . JOHANNESBURG (AP) An accountant working on a high-profile corruption case was killed along with his son by unknown gunmen while traveling on one of South Africa's main highways. 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. are often trusted more than are junior employees. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. PDF In the Labour Appeal Court of South Africa, Johannesburg 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. Grants are paid out based on a grant payment schedule. What are the procedures you need to follow? Please read our Disclaimer Policy. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. In light of this situation, the e-commerce fraud . It was then revealed she had compromising information about the woman and her family, he added. The survey went on to say that South African organisations reported that senior and middle management commit 77% of all internal fraud and that the profile of the typical fraudster is; Male Aged between 31 and 40, Has worked for his employer for more than 10 years Has acquired a university degree. It is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. Intention is everything: The role of intent in employee discipline for 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. gunmen while traveling on one of South Africa's . Legal officials, public supporters, and his associates demanded . hbbd``b`SA* zHX@L? The courts sentenced him to 5 years in prison. 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. Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused.

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