However, there must be some evidence before the Special Court that he was so satisfied, otherwise there is no displacement of the immunity conferred on the taxpayer by the proviso to s 79(1) and the opening words of para. 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. The information on this website does not constitute legal advice. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. "Her passport details, banking information and daily routine, among others, were already given away," Mpumalanga Community Safety, Security and Liaison MEC Vusi Shongwe added. 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. 4 0 obj Simply put, the arbitrator found the employee's dismissal unfair once he was dismissed for a misconduct which he was never charged for. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: [emailprotected]. Her August 2021 slaying was described as an assassination. This week Ivan Israelstam gives examples of fair discrimination. Unforeseen circumstances that lead to a loss of income can be devastating for many people. 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. Copyright Blue Sky Publications Ltd. All Rights Reserved. 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. Comments will be closed 24 hours after the article is published. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * Fugitive Mirror CEO Ordered to Pay $3.4 Billion in Fraud Case Involving Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. The good news is that you can apply for an IEB matric rewrite. 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. Who needs to preside over these proceedings? "Leader of A Movement:" During a Turbulent Time - Garvey What are examples of workplace fraud and how is it proved? - Skills Portal We pay cash for videos. He was found guilty and he was dismissed on 10 April 2014. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. 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. The company, previously known as Bosasa and now named African Global Holdings, was one of the most prominent subjects of the Zondo Commission a judicial inquiry into government and other high-level corruption during the 2008-2019 presidency of Jacob Zuma, who is on trial on separate corruption allegations. All fraudsters are on notice and we hope more suspects are arrested and sent straight to jail. Attacks on BusinessTech, its journalists or other users will result in a ban. 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. We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. . 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. The pair, aged 32 and 57, are expected to appear in the Palm Ridge Specialised Commercial Crimes Court on Monday. CFTC Fines South African More than $3.4 Billion In Largest Bitcoin Copyright 2023 by The Associated Press. Rc$3@[8#F\XhA|#Cc!m]^V1.8>JVl>q, 335 0 obj <>stream 0 BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. b\eX3x|NUGU=+P#I ;I{>N|Uf|+x;y"8c"Y^fb'evx_fIS4e6-;~$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^ 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. The employer suffered a loss of R8,647.60 as a result of the employees conduct. All JSE data delayed by at least 15 minutes. Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. Domestic worker arrested for fraud for allegedly taking photos of What's your take on the South African nationals trapped in conflict-ridden Sudan? What are the procedures you need to follow? However, labour law expertise is required to ensure that the dismissal is both procedurally and substantively fair. Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. 1. 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. However, joint efforts by the UIFs investigators, law enforcement agencies at the Fusion Centre such as the HAWKS, National Prosecuting Authority (NPA), and the Financial Intelligence Centre (FIC) led to the couples successful arrest and conviction. After killings, calls to protect S. Africa's whistleblowers At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. fraud or misrepresentation or non-disclosure of material facts, his decision is unappealable. In light of this situation, the e-commerce fraud . Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. This material may not be published, broadcast, rewritten or redistributed. US Court Orders South African Firm's CEO to Pay $3.4 Billion for Some of the 15 counts of fraud include corruption, theft and money laundering. ", 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. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. endobj PDF In the Tax Court of South Africa Held at Durban As such, many businesses may have put in place a number of measures to detect and prevent fraud from being committed against them by an outsider, she said. May Employers Dismiss All Employees Who May Be Involved Without Evidence? It remains increasingly important that businesses fight fraud and corruption by understanding when and how to process any allegations that come forward while remaining cognisant of the employee and employer rights., Read: The new Covid-19 legal case that South African workers should know about, An employee is caught committing fraud in South Africa heres what happens next, The new Covid-19 legal case that South African workers should know about, Crossover SUVs you can get in South Africa for R10,000 a month, South Africans are having to rent out parts of their homes heres why, You need to stop using your phone on the toilet, Unleash fast wifi everywhere: Upgrade your wifi experience with a mesh system, Business Talk Establish your company as a market leader, Wingu Academy and The Angela Academy join forces to provide high-tech schooling to underprivileged communities in South Africa, SARS is coming after these wealthy taxpayers, Lower stages of load shedding planned for this week heres the new schedule, Silver lining for South Africas property market, This new work trend causing headaches for businesses in South Africa, 3 ways South Africans can acquire citizenship in another country, Compelling ways to diversify and grow your retirement pot. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. 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. South Africa: Bribery & Corruption - Norton Rose Fulbright The employer suffered a loss of R8,647.60 as a result of the employees conduct. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. 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. Celebrating World Book Day with trees and TikTok. South Africa: Johannesburg Labour Court, Johannesburg The domestic worker was arrested on Tuesday but has yet to appear in court. They face charges of theft and fraud in the awarding of PPE contracts. Grants are paid out based on a grant payment schedule. But, they all contribute to the economy and create jobs. 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. After killings, calls to protect S. Africa's whistleblowers That is the stern warning issued by UIF Commissioner Teboho Maruping, who has welcomed the recent conviction of a couple who cheated the UIF's Covid-19 Temporary Employer-Employee Relief Scheme (Covid-19 TERS) out of more than R10 million. A newsletter dedicated to the best conversations and comments 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. 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. 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. a) thereof. 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. <>/Metadata 169 0 R/ViewerPreferences 170 0 R>> The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said.
