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. Two employees who were dismissed by G4S have been arrested in connection with the Thabo Bester escape case. 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. endstream endobj startxref 4 0 obj Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. 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. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". At what age did you start saving for retirement. The information on this website does not constitute legal advice. For more information about how we protect your personal information, click here, As its name suggests, Labour Guides websites are intended for guidance, or otherwise information, purposes only. In addition, he had claimed payment for time that he was not at the workplace in that there were 13 instances where he had failed to clock out during lunch break thus representing an incorrect reflection of his actually hours worked. Not Reportable . For more information please contact Thabang Rapuleng at [emailprotected] or Tamsanqa Mila at [emailprotected], Article published with the kind courtesy of Cliffe Dekker Hofmeyr 2023 (3.0.23103.7) We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. 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. 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. 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 . During the period that Skosana pretended to be claiming for his staff, he made a total of R63 033.56, which the department is now without. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. Legal officials, public supporters, and his associates demanded . "Fraud" is a criminal charge and has criminal elements to prove. Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. 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? hbbd``b`SA* zHX@L? @b@b BDiSMW`@J& @BqH#> pZ 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. In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. Copyright Blue Sky Publications Ltd. All Rights Reserved. Credit card fraud Giving business expense cards to employees is a great way to build trust and empower your staff with their responsibilities. But, they all contribute to the economy and create jobs. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. Remembering that the fraud began in 2012, Skosana was in and out of court. 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. 318 0 obj <>/Filter/FlateDecode/ID[<9CAA0A4E796A6F41B6B6610C6B7604F8><8C9E643D68FAF54AB172E07245A689B9>]/Index[295 41]/Info 294 0 R/Length 106/Prev 265888/Root 296 0 R/Size 336/Type/XRef/W[1 2 1]>>stream On review the Labour Court (LC) dismissed the employer's application to set aside the award. Shongwe said according to the employer, she received a tip-off from someone who was adamant the suspect had already given her information to someone who later used it for criminal purposes. Millions of people living in South Africa rely on grants from Sassa. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. Copyright Blue Sky Publications Ltd. All Rights Reserved. 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. Despite confirmation of fraud, the Arbitrator directs that the Employees should be reinstated together with backpay based on one factor, . In this instance intention to Is External Pressure From A Third Party Sufficient To Justify A Dismissal? In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. gunmen while traveling on one of South Africa's . The Prevention and Combating of Corrupt Activities Act ( PRECCA) is South Africa's main anti-bribery and anti-corruption legislation and is akin to the United Kingdom's Bribery Act. This breaks my heart, Williams said in an interview with The Associated Press. Knowing when they will receive their money is critical for beneficiaries of the grant as it will inform them how to manage their funds. Invest in the future today. We will not tolerate the siphoning of workers benefits by unscrupulous individuals. Working together with law enforcement agencies, we will follow every lead pointing towards suspected fraud. The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. <> Play daily crosswords, sudoku, puzzles, and more. Security breaches took a heavy toll on the industry, whose losses to online payment fraud were estimated at 20 billion U.S. dollars that year. What's your take on the South African nationals trapped in conflict-ridden Sudan? However, such gain would not have to be confined to direct financial advantage. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. Many universities in South Africa are now taking applications for the 2024 academic year, here's a list of them and how you can apply. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. Something went wrong, please try again later. During arbitration, he admitted to claiming overtime for time spent outside the workplace during his lunch hour however he explained that his actions were not dishonest and intentional and had apologised for the transgressions. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. Celebrating World Book Day with trees and TikTok. Employers cannot simply to decide to dismiss an employee on the word of an external party - without following any internal procedures. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. We pay cash for videos. Journalism strengthens democracy. We live in a world where facts and fiction get blurred. 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). ", 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. 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. This week Ivan Israelstam explains how a CCMA Arbitrator dealt with a dismissal where an employer mistakenly thought that an employee could "dismiss themselves" - and exactly what the mistake cost the employer. The agency responsible for paying these grants has revealed the payment dates for the next year. 335 0 obj <>stream The moment that any serious allegations of misconduct are suspected or have been discovered against an employee is exactly when an employer must take action, said Hinxman. 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. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. To prove fraud, the. The employer suffered a loss of R8,647.60 as a result of the employees conduct. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. 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. Entrepreneurs make big ideas turn into reality. Recommended Reading:How To Check The Status Of Your NSFAS Application. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. Case No: JR 2186/17. Who needs to preside over these proceedings? Millions of unemployed individuals benefit from the Social Relief of Distress grant every month. facts which is a dishonesty offence related to fraud. His son, Thomas Murray, who worked with his father, was declared dead at the scene. 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. 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. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. 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. (1) Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act. 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. Attacks on BusinessTech, its journalists or other users will result in a ban. 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. A former Labour Department employee was sentenced on4 November 2019 for 15 counts of fraud in Mpumalanga, dating back to 2012. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. 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. This means that those frauds, for which employees have been caught are likely to be only the tip of the iceberg. Posts that attempt to bypass word filters will be deleted. which confirms that employees committed fraud. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. endobj HZv , f ``d1ut0G4v4 ,(KEYY}XX,X3{0?e^q9dg] $-wb@@6@,H0B1 A[ They face charges of theft and fraud in the awarding of PPE contracts. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. He found Mr Ngcobo guilty of negligence, sanctioned him with a written warning valid for 12 months and ordered retrospective reinstatement. Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. Workplace fraud, by its nature, is a secretive act. Journalism strengthens democracy. The CFTC charged South Africa-based Cornelius Johannes Steynberg with fraud in June 2022, alleging the "controlling person" at MTI accepted 29,421 BTC (valued at more than $1.7 billion at the time . Kindly take notice of our disclaimer policy published at the bottom of the home page of this website. 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. However, it is important to note that an employee must be suspended on full pay. hXmo6+pw@.uvAD# Murray was shot in the head while driving with his son in an SUV on the N1 highway just outside Johannesburg in March. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? 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. The 2020 fraudulent and dishonest claims statistics, released this week by the Association for Savings and Investment South Africa (Asisa), show that 2020 saw 3,186 cases of fraudulent and. On review, the Labour Court upheld the decision of the commissioner. Thereafter you will be billed R75 per month. WATCH | Oh buoy! She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. Oops! The commissioner appeared to believe that the employee had made an error by completing the form. This was after the couple, who are directors of Denmeng Trading, applied for Covid-19 TERS for 553 workers when they only employed 22. 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. 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. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? 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