This must represent a turning of the tide for our country.. %PDF-1.7 endstream endobj 296 0 obj <>/Metadata 46 0 R/Outlines 72 0 R/PageLayout/OneColumn/Pages 290 0 R/StructTreeRoot 81 0 R/Type/Catalog>> endobj 297 0 obj <>/ExtGState<>/Font<>/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 298 0 obj <>stream . READ |Foreign nationals nabbed by Hawks and FBI for romance scam face extradition to the US. 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. A third person has been detained by the Directorate for Priority Crimes Investigation (Hawks) in connection with alleged fraud of R1-million perpetrated by an employee at the Standard Bank branch in Harrismith in the Free State. @b@b BDiSMW`@J& @BqH#> pZ Go to: www.labourlawadvice.co.za. After killings, calls to protect S. Africa's whistleblowers What's your take on the South African nationals trapped in conflict-ridden Sudan? 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. All rights reserved. The optimisation of these skills is crucially important because: BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Copyright Blue Sky Publications Ltd. All Rights Reserved. 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 . South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. endstream endobj startxref According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. 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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. Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. It is the lowest form of unethical behavior to ask a citizen to risk their life for our country and then not offer them protection when they face retaliation.. Offences and penalties. 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 . 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. While fraud can occur at any level it is at its most dangerous at the upper levels of the organisation. (1) Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act. It was then revealed she had compromising information about the woman and her family, he added. 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. stream UIF opens fraud case against NPO | SAnews gunmen while traveling on one of South Africa's . Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. The Court additionally ordered him to pay the spent money back to the department. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. "The woman confirmed the tip-off she received on the impeding robbery after probing the helper's cellphone.". According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. This illustrates the urgent need for employers to make improvements to their evidence preparation skills and labour law expertise. 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. 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. "Leader of A Movement:" During a Turbulent Time - Garvey Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. committing fraud and concluding that his dismissal was substantively fair. 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. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. Recommended Reading:How To Check The Status Of Your NSFAS Application. WATCH | Oh buoy! Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * At what age did you start saving for retirement. In times of uncertainty you need journalism you can trust. Pretoria, 21 February 2020, Two Cape Town businesspersons were sentenced to 16 and 17 years respectively direct imprisonment in the Cape High Court earlier today. We pay cash for videos. As per the case law above, the parity principle is a factor that has . Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. Please enter your email address. 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. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. Entrepreneurs make big ideas turn into reality. Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. On review the Labour Court (LC) dismissed the employer's application to set aside the award. South Africa: Johannesburg Labour Court, Johannesburg %PDF-1.5 % 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. What's your take on the South African nationals trapped in conflict-ridden Sudan? 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. 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. All Rights Reserved, Department of Health's Covid-19 online resource and news portal. READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. "Fraud" is a criminal charge and has criminal elements to prove. It will be suspended if the defendant does not break the law during that specific period, and fulfills the agreement for him to pay back the money on time. We pay cash for videos. %%EOF 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. 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. are often trusted more than are junior employees. However, it is most unclear how an employee could logically complete an entire check confirmation form by mistake. Play daily crosswords, sudoku, puzzles, and more. 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. 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. Thokozani Percy Skosana, 42, was a former employee of the . Currently, disciplinary enquiries are held as extremely formal affairs, where those involved will sit down together in a tribunal manner. 1. The employers strategy for combating employee fraud needs to be based on two broad approaches, namely, prevention and reaction. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. What are examples of workplace fraud and how is it proved? Grants are paid out based on a grant payment schedule. 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. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. 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. 295 0 obj <> endobj 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. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. Did You Know There Are Different Types Of Entrepreneurs? However, it is important to note that an employee must be suspended on full pay. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. After killings, calls to protect S. Africa's whistleblowers Workplace fraud, by its nature, is a secretive act. She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. PDF THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable CASE 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. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. Williams testified before the Zondo Commission implicating about 39 parties in corrupt activities at the countrys tax authority, the South African Revenue Service. 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 . The employer suffered a loss of R8,647.60 as a result of the employees conduct. Go to: www.labourlawadvice.co.za. More AP Africa news: https://apnews.com/hub/africa. Choose from our range of newsletters to get the news you want delivered straight to your inbox. Some of the 15 counts of fraud include corruption, theft and money laundering. The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". Please read our Disclaimer Policy. 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. Attacks on BusinessTech, its journalists or other users will result in a ban. To buy our E-book WALKING THE NEW LABOUR LAW TIGHTROPE please contact Ivan via ivan@labourlawadvice.co.za or 011-8887944 or 0828522973. All rights reserved. Security manager arrested for 'ghost employee' scam worth R2.1m Ex-Apple employee owes $19 million for elaborate fraud scheme . endobj A newsletter dedicated to the best conversations and comments on News24. <> 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. 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. 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. This material may not be published, broadcast, rewritten or redistributed. The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? 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. At the arbitration the employer was unable to convince the commissioner that the employee had completed the form for reasons of fraud. They appeared in the Harrismith Magistrates Court and were granted R5 000 each, pending further investigation. 335 0 obj <>stream 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. 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. 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. The Unemployment Insurance Fund (UIF) has opened a case of fraud against a Western Cape non-profit organisation that allegedly illegally received close to R5 million in the COVID-19 Temporary Employer/Employee Relief Scheme (TERS). Are you an IEB learner looking to improve your matric results or unable to sit for the exams?

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