Play daily crosswords, sudoku, puzzles, and more. The compensation fund is a public entity under the administration of the Department of Labour. 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. % The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. In times of uncertainty you need journalism you can trust. 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 initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". Failure to do so properly can result in the dismissed employee being reinstated simply because the employer failed to prove the employees guilt at the CCMA or bargaining council. 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. The money would later be shared. What's your take on the South African nationals trapped in conflict-ridden Sudan? After killings, calls to protect S. Africa's whistleblowers Spokesperson for the Mpumalanga Hawks, Captain Dineo Lucy Sekgotodi said: Nobody could count how many court appearances he has made over the years.. 2023 (3.0.23103.7) 24.com. Buying dead bodies and other insurance scams hit South Africa . Remembering that the fraud began in 2012, Skosana was in and out of court. 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. 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. 3 0 obj 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. Charged with more than 80 counts of fraud They were consequently. 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. She was shot multiple times inside her car soon after dropping her daughter off at school and her story has become a rallying call. 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. We pay cash for videos. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. 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. . Unforeseen circumstances that lead to a loss of income can be devastating for many people. On review, the Labour Court upheld the decision of the commissioner. Intention is everything: The role of intent in employee discipline for 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. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? 0 Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. gunmen while traveling on one of South Africa's . Shongwe said over the years, the police have been inundated with complaints of people who have been robbed of huge amounts of money. Kindly take notice of our disclaimer policy published at the bottom of the home page of this website. Celebrating World Book Day with trees and TikTok. More arrests in Thabo Bester prison escape 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. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. It is possible that, after completing a sample check, the employee could make some errors while completing the check confirmation form. Buying a home: Are deposits still needed? Business Fraud in South Africa - Tech4Law Vicarious liability of an employer when an employee commits an 18. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. 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. In light of this situation, the e-commerce fraud . We will not tolerate the siphoning of workers benefits by unscrupulous individuals. READ |Man found guilty on 280 counts of fraud after card cloning crime spree across Western Cape. %PDF-1.5 % Recommended Reading:How To Check The Status Of Your NSFAS Application. The first step that any employer should take when any allegations of fraud have been brought to its attention is to suspend the employees who are alleged to be involved. This breaks my heart, Williams said in an interview with The Associated Press. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * Using comment sections to post about or comment on closed threads will result in that section being closed to further posts. Police have arrested two more suspects in the Thabo Bester prison escape case. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. May Employers Dismiss All Employees Who May Be Involved Without Evidence? The good news is that you can apply for an IEB matric rewrite. Oops! Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. 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 . Copyright 2023 by The Associated Press. 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. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. What are examples of workplace fraud and how is it proved? - Skills Portal Choose from our range of newsletters to get the news you want delivered straight to your inbox. 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. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. At the time, the employee's previous. He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. They are scheduled to be sentenced on 17 May 2022. Posts that attempt to bypass word filters will be deleted. 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. However, it can often be the case that businesses are not as prepared to deal with cases of fraud that have been committed from within the company and lack clear and fully implemented processes in place. is guilty of an offence and liable on conviction to a fine not exceeding R10 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1 (1) (a) of . By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. US court orders South African firm's CEO to pay $3.4 bln for bitcoin fraud