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. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. This week ivan Israelstam deals with cases where this has happened. 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. Never miss a story. At the arbitration the employer was unable to convince the commissioner that the employee had completed the form for reasons of fraud. They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. The fraud could be committed for the advantage of a friend or family member or could be a means towards gaining the perpetrator a job. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? Case against SARS accomplice postponed for a further pre-trial. This material may not be published, broadcast, rewritten or redistributed. 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. Photo credit: Image by Mohamed Hassan from Pixabay. This was after the couple, who are directors of Denmeng Trading, applied for Covid-19 TERS for 553 workers when they only employed 22. Using comment sections to post about or comment on closed threads will result in that section being closed to further posts. Ex-Apple employee owes $19 million for elaborate fraud scheme . 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. 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. It was established that he had not, in fact, conducted that check and that he should not have completed the form. 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 . This week Ivan Israelstam explains that labour law does allow an employer to dismiss an employee. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". %PDF-1.5 % Can Employers Retrench Employees For Poor Performance? Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. 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 is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account.
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