LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? For example, employers often get trapped into levelling an allegation of fraud against an employee. PRECCA also imposes a statutory reporting obligation in instances where suspicion exists . This material may not be published, broadcast, rewritten or redistributed. Rc$3@[8#F\XhA|#Cc!m]^V1.8>JVl>q, 335 0 obj <>stream 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 . Charged with more than 80 counts of fraud They were consequently. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. 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. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. 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. Intention is everything: The role of intent in employee discipline for dishonesty and/or fraud, By Thabang Rapuleng, Director, Tamsanqa Mila, Associate, Employment Law, Cliffe Dekker Hofmeyr. How To Apply To Rewrite IEB Matric Papers, Beware Of Retrenchments For Poor Performance, How To Check The Status Of Your NSFAS Application, Here's The Sassa Grant Payment Schedule For 2023/2024, 2024 Applications Are Now Open At These Universities, April Sassa Grant Payments Continue Today, often have easier access to bigger amounts of money, can cause great damage to customer relations, can be in a better position to cover up irregularities. A domestic worker has been arrested on a fraud charge in Mpumalanga after she allegedly took photos of her employer's important documents, ostensibly to use it for criminal purposes. 0 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. She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. Celebrating World Book Day with trees and TikTok. . A domestic worker has been arrested on a fraud charge in Mpumalanga after she allegedly took photos of her employer's important documents, ostensibly to use it for criminal purposes. Furthermore, the convict was declared unfit to own a firearm in terms of the firearms control Act, said Sekgotodi. The court examined the test for reasonable person in the context of the workplace and held that the employee failed to act with the degree of care and standard expected of a person in his positio n. It assessed the evidence that was before the commissioner and held that the commissioners findings were reasonable. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE NO: JR158/17 . Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. 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. We pay cash for videos. Media enquiries:Makhosonke ButheleziCell:071 491 7236, Copyright 2023 Government of South Africa. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * Thereafter you will be billed R75 per month. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. We live in a world where facts and fiction get blurred. Are you an IEB learner looking to improve your matric results or unable to sit for the exams? A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. 4 0 obj It might be argued that this was a type of fraud in the sense that he would have gained from it by dishonestly avoiding having to do the work necessary to complete the sample check. He explained that they were not submitted with an intention to deceive the employer because they were supported by time sheets which were approved by his manager. b\eX3x|NUGU=+P#I ;I{>N|Uf|+x;y"8c"Y^fb'evx_fIS4e6-;~$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^ 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. 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. Murray was shot in the head while driving with his son in an SUV on the N1 highway just outside Johannesburg in March. 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. a) thereof. Finding - that the employee had acted under economic duress when committing the acts of misconduct. TheSouthAfrican.com is all about South Africa and the stories that affect South Africans, wherever they are in the world. Celebrating World Book Day with trees and TikTok. 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. "Failure to do so could result in huge losses and even endanger their lives or that of their families.". "The woman confirmed the tip-off she received on the impeding robbery after probing the helper's cellphone.". Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. % This breaks my heart, Williams said in an interview with The Associated Press. Currently, disciplinary enquiries are held as extremely formal affairs, where those involved will sit down together in a tribunal manner. The project is expected to resume in April 2022 upon the appointment of audit firms and it is anticipated that additional recoveries will be made, and more arrests will take place as fraudulent claims are uncovered. Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . 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. In times of uncertainty you need journalism you can trust. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. 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. But, they all contribute to the economy and create jobs. The temptation is to dismiss every employee, who may have possibly been involved. Offences and penalties. The agency responsible for paying these grants has revealed the payment dates for the next year. This case concerns the nature and extent of the obligation that rests on an applicant for employment to disclose the circumstances surrounding a . The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. %%EOF They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. Once an investigation has been completed and sufficient evidence has been established to take disciplinary action against the employees involved, the next step is, generally, to convene a disciplinary enquiry. 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. According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. The commissioner appeared to believe that the employee had made an error by completing the form. 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. This helps to safeguard the integrity of the investigation, any evidence, as well as any potential witnesses, said Hinxman. In order to prove fraud the employer must show that the accused employee was the one who committed the act and that he/she did so for gain. stream Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. Copyright 2023 by The Associated Press. "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. There have been many judgments, over the years (both in South Africa and abroad), which have developed the policy and principles applied in such matters. Police have arrested two more suspects in the Thabo Bester prison escape case. These could include measures such as video cameras and telephone conversation recordings, authority levels and procedures, access controls and auditing procedures amongst others. WATCH | Oh buoy! 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. 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 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. You can cancel anytime and if you cancel within 14 days you won't be billed. He was found guilty and he was dismissed on 10 April 2014. 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. It is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. facts which is a dishonesty offence related to fraud. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. 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. More AP Africa news: https://apnews.com/hub/africa. 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. We pay cash for videos. To book for our 7 June seminar in Johannesburg on CHAIRING DISCIPLINARY HEARINGS please contact Ronni via [emailprotected] or 0845217492. hXmo6+pw@.uvAD# 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. Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. $~w'Rm@`HG3%9F1Lr1LzT[f$;6gBX4LRI@ 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. Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. Legal officials, public supporters, and his associates demanded . 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? At CCMA the employer has the full onus of proving that the employee was guilty of the charges and hence that the dismissal was fair; Many commissioners see the preservation of the jobs of employees to be of great importance and will not be likely to uphold a dismissal decision unless the employer has succeeded in convincing the commissioner that dismissal is fully justified; Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. 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. This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements. . 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. 1 0 obj Those who have helped themselves to funds earmarked for workers during the lockdown should always remember that the law is creeping towards them and they will not have any peace. Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. This means that those frauds, for which employees have been caught are likely to be only the tip of the iceberg. Please read our Disclaimer Policy. 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. It's that time of the year, applications season. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. A newsletter dedicated to the best conversations and comments on News24. He found Mr Ngcobo guilty of negligence, sanctioned him with a written warning valid for 12 months and ordered retrospective reinstatement. This leaves the door open to severe consequences arising, which may be compounded by a delayed and disorganised response.. By submitting your email address to us, you agree to receive our newsletters and course updates. Prevention involves the principle of trusting nobody and the implementation of comprehensive safeguards. A newsletter dedicated to the best conversations and comments on News24. 2023 (3.0.23103.7) 24.com. Play daily crosswords, sudoku, puzzles, and more. 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. Employers sometimes know that misconduct has definitely taken place, but the employer cant pinpoint the actual culprit/s. Recommended Reading:How To Check The Status Of Your NSFAS Application. Six men have been charged with murder in her killing. Bongani Innocent Mazibuko (38), appeared briefly appeared at the Harrismith Magistrates Court on charges of fraud, money laundering and theft. 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. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. He was found guilty and he was dismissed on 10 April 2014. 2 0 obj 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 . "The suspect allegedly received undue payments of approximately R2.1 million over a period of twelve months," she said. 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. Our offices are for administrative purposes only, no visitors will be accepted without an appointment. 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. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. The company led clear evidence that it had lost trust in him. They face charges of theft and fraud in the awarding of PPE contracts. Ex-Apple employee owes $19 million for elaborate fraud scheme . Case against SARS accomplice postponed for a further pre-trial. WhatsApp 060 011 021 1. The employer suffered a loss of R8,647.60 as a result of the employees conduct. Podcast series: click here to find them all. %PDF-1.5 % A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. There are always exceptions in the cases, but employers are well-advised to follow the standard methods for each circumstance. 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. 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 . gunmen while traveling on one of South Africa's . 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 . The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. Invest in the future today. This week Ivan Israelstam answers the question: what is workplace fraud? This was after the couple, who are directors of Denmeng Trading, applied for Covid-19 TERS for 553 workers when they only employed 22. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. To prove fraud, the. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za.
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