They were consequently charged with just over 80 counts of fraud, which includes theft and money laundering. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? He has also claimed he survived an attempt on his life when his coffee was laced with cyanide. 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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. 2 0 obj The court, in executing this mandate, has developed broad sentencing principles known as the "triad of Zinn". which confirms that employees committed fraud. Download the survey (PDF 3.7 MB) Start a conversation Hide Required fields are marked with an asterisk ( * ) Name * Email * Organisation * Credit card fraud Giving business expense cards to employees is a great way to build trust and empower your staff with their responsibilities. The Directorate for Priority Crime Investigation (Hawks) pursued the case after it was reported. The death of Babita Deokaran, an employee of the health department in Gauteng province, already underlined the dangers for whistleblowers in South Africa. Not Reportable . The Labour Appeal Court held that the main issue to be determined was whether the employee acted intentionally or negligently. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". . 1 0 obj Never miss a story. Go to: www.labourlawadvice.co.za. 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. He advised communities to avoid carrying large sums of cash but to rather share the dividends by doing electronic transfers. But in his State of the Nation Address this year, President Cyril Ramaphosa acknowledged shortcomings and the need to strengthen the witness protection unit. The employer suffered a loss of R8,647.60 as a result of the employees conduct. THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG. It's that time of the year, applications season. 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. 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. According to the complainant, she did not give permission to the employee to have copies of such documents," police spokesperson Brigadier Selvy Mohlala said. 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. 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. 11 May 2023 (09:00 - 15:30) Interactive Online Course, 12 May 2023 (08:30 16:00) Interactive Online Course, 17 & 18 May 2023 (08:30 - 16:00) Interactive Online Course, 19 May 2023 (08:30 - 16:00) Interactive Online Course, 19 May 2023 (09:00 - 11:30) Interactive Online Presentation, 25 May 2023 (08:30 - 16:00) Interactive Online Course, 25 May 2023 (09:00- 16:00) Emperors Palace: Convention Centre, 01 June 2023 (08:30- 16:00) Emperors Palace: Convention Centre, 01 June 2023 (09:00 - 12:00) Interactive Online Course, 08 June 2023 (09:00 - 16:00) Interactive Online Course, 08 June 2023 (08:30- 16:00) Emperors Palace: Convention Centre, 09 June 2023 (09:00 - 13:00) Interactive Online Course, 14 June 2023 (09:00 - 15:30) Interactive Online Course, 22 June 2023 (08:30 - 16:00) Interactive Online Course, 22 June 2023 (09:00- 16:00) Emperors Palace: Convention Centre, 06 July 2023 (08:30 - 16:00) Interactive Online Course, The OHS Act and the Responsibilities of Management Course, Human Resources Management (HRM) Metrics and HRM Scorecards, Compensation for Occupational Injuries and Diseases Course, Health and Safety Representative and Committee Training Course, Employment Equity Committee Training (Emperors Palace), The OHS Act and the Responsibilities of Management Course (Emperors Palace), The Labour Court Review Application Process Simplified, Compensation for Occupational Injuries and Diseases Course (Emperors Palace), Mastering Human Lie Detection for a Thriving Workplace, Managing Day-to-Day Challenges in the Workplace, HIRA Hazard Identification and Risk Assessment Course, Managing Day-to-Day Challenges in the Workplace (Emperors Palace), Incident Investigation of Work-Related Injuries and Diseases Course, Mashishing Labour Centre closes due to theft of electrical connections, Displaying Compulsory Wall Charts in the Workplace. @b@b BDiSMW`@J& @BqH#> pZ 295 0 obj <> endobj Reaction involves taking seriously all reports or hints of irregularities, swift action and, above all, building a cast iron case against the accused. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. It is a type of dishonesty that is normally committed in such a way that its very existence is concealed. 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 . Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. Once an investigation has been completed and sufficient evidence has been established to take disciplinary action against the employees involved, the next step is, generally, to convene a disciplinary enquiry. PRECCA creates a general offence of corruption that is broadly defined. %%EOF All JSE data delayed by at least 15 minutes. Moroko Moremi, 37, and his wife Treasure Moremi, 34, were recently found guilty of fraud by the Pretoria Specialised Commercial Crimes Court. WASHINGTON, April 27 (Reuters) - A federal judge in Texas ordered the head of a South African firm to pay a whopping $3.4 billion for what the U.S. commodities regulator said was its largest . These are distinctly different reasons, and each has a distinctly different procedure to achieve a legally compliant dismissal. The alleged criminal and unlawful activities involve elements that are best characterized as organized crime, de Ruyter said. HZv , f ``d1ut0G4v4 ,(KEYY}XX,X3{0?e^q9dg] $-wb@@6@,H0B1 A[ Workplace fraud, by its nature, is a secretive act. The optimisation of these skills is crucially important because: BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. <>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. Charged with more than 80 counts of fraud They were consequently. Hawks spokesperson Colonel Katlego Mogale said the man allegedly approached area supervisors working around North West to start recruiting "ghost employees". 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. With a continuing remote work environment, instances of misconduct have become much more exposed, as the checks and balances businesses have put in place to ensure that working from home is safe and secure, have brought increased oversight into business and employee operations, Hinxman said. 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. A new wave of fraud is targeting bank customers and the number of people falling victim . (1) Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act. hbbd``b`SA* zHX@L? "Fraud" is a criminal charge and has criminal elements to prove. Where possible, people should use employment agencies to source helpers. Mr Ngcobo was charged with dishonesty and/or falsification of overtime claims. Police say a serious commercial crime investigation has linked Mazibuko to an alleged case of fraud committed at Harrismith Standard Bank earlier this year by Hopewell Mpendula Daguma (31) and his partner Thandeka Tryphina Mlangeni (32). 335 0 obj <>stream To prove fraud, the employer must be able to prove misrepresentation, unlawfulness, actual or potential prejudice and intention. However, it is important to note that an employee must be suspended on full pay. "The supervisors allegedly recruited about 56 ghost employees who were paid approximately R5 000 per month. A US judge ordered a South African executive to pay more than $3.4 billion in restitution and fines for a fraud scheme involving Bitcoin the highest-ever civil monetary penalty in any US . LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? The Directorate for Priority Crime Investigation, Tshwane: Heres your updated load shedding schedule for Tuesday, Daily devotion: Your bible verse and prayer for 2 May 2023, South Africa: Todays latest news and headlines, Tuesday, 2 May 2023, Load shedding on TUESDAY: Heres the UPDATED schedule, KwaZulu-Natal Weather: THUNDERSHOWERS and clouds TODAY, Gauteng Weather: Cool but mostly sunny day expected. As shown in the Rope Constructions case reported later in this article, even apparent frauds discovered by employers may go unpunished because of lack of proof that the accused was in fact the fraudster. The specialist accountant and liquidator, 57-year-old Cloete Murray, was working on the financial accounts of a company that was heavily implicated in allegedly bribing government ministers and others to win huge state contracts. Thokozani Percy Skosana, 42, was a former employee of the Department of Labour and worked in the Unemployment Insurance Fund (UIF) sector. Something went wrong, please try again later. In times of uncertainty you need journalism you can trust. Appointing the correct chairperson can also help to ensure that the true misconduct (if any) is identified, notwithstanding the categorisation of the allegation against the employee, she said. The Provincial Head of the Directorate For Priority Crime Investigation Mpumalanga Major General, Zodwa Mokoena applauded the Investigating and Prosecuting teams for the conviction. b\eX3x|NUGU=+P#I ;I{>N|Uf|+x;y"8c"Y^fb'evx_fIS4e6-;~$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^ For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. It provides cover to workers injured and/or who contract diseases at work. Deokaran had spoken up about potentially corrupt payments to more than 200 companies by the health department and was a key witness in a probe by the country's anti-corruption Special Investigating Unit into contracts worth more than $45 million. This leaves the door open to severe consequences arising, which may be compounded by a delayed and disorganised response.. Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24. The court held: '[I]n this case, the employee was charged with dishonesty. Shongwe urged residents to be extremely cautious of helpers or domestic workers they employed. The Hawks have arrested two people in connection with R14m PPE tender fraud at the National Health Laboratory Services (NHLS). Thokozani Percy Skosana, 42, was a former employee of the . Shongwe said over the years, the police have been inundated with complaints of people who have been robbed of huge amounts of money. He may be contacted on (011) 888-7944 or 0828522973 or on e-mail address: ivan@labourlawadvice.co.za. BY Ivan Israelstam, Chief Executive of Labour Law Management Consulting. This material may not be published, broadcast, rewritten or redistributed. Address: Riverbank House, 1 Putney Bridge Approach, London, SW6 4TJ. A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. Millions of people living in South Africa rely on grants from Sassa. endobj The fact is that the employee committed serious misconduct, including dishonesty, fraud and bringing the companys name into disrepute. Employees have access to highly experienced and skilled trade union officials to represent them at CCMA. They were found guilty on 487 counts of VAT fraud and alternative charges such . 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. 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. 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. Is External Pressure From A Third Party Sufficient To Justify A Dismissal? Please enter your email address. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. For example, employers often get trapped into levelling an allegation of fraud against an employee. gunmen while traveling on one of South Africa's . endobj At the arbitration the employer was unable to convince the commissioner that the employee had completed the form for reasons of fraud. He was found guilty and he was dismissed on 10 April 2014. Deokarans killing spurred another corruption whistleblower, Athol Williams, to leave the country, he said. 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. 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. South Africa Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. At the time, the employee's previous. facts which is a dishonesty offence related to fraud. On review to the Labour Court The Court finding that the CCMA - misconstrued the nature of the enquiry it was enjoined to undertake. 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 . Commissioner Maruping has conveyed his gratitude to law enforcement agencies for the latest conviction and arrests. The employee "self-dismissal" was found to be both procedurally and substantively unfair. What's your take on the South African nationals trapped in conflict-ridden Sudan? 3 0 obj 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. Andre de Ruyter has spoken of corruption linked to the government and others at the utility and said Wednesday that unnamed sources who provided him with information feared for their lives. Police . No one has been arrested in the killings, which police said had the hallmarks of a professional hit. 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. You can cancel anytime and if you cancel within 14 days you won't be billed. She then transferred an amount of R1-million from the clients account into Dagumas account through various fraudulent transactions. Finding - that the employee had acted under economic duress when committing the acts of misconduct. The money would later be shared. During 2012, now seven years ago, he fraudulently started a company named Simajale Transport and General Dealer. In 2020 the Fund embarked on the "follow the money" project was close to R 900 million was recovered. 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. A former Labour Department employee was sentenced on4 November 2019 for 15 counts of fraud in Mpumalanga, dating back to 2012. 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. He died in the hospital. This week Ivan Israelstam answers the question: what is workplace fraud? A former Labour Department employee was convicted and sentenced on Monday 4 November at the Witbank Regional Court for 15 counts of fraud. Remembering that the fraud began in 2012, Skosana was in and out of court. I hope the latest conviction and arrests send a strong message to other would-be fraudsters that the long arm of the law will always catch up with you. 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 . 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. Spokesperson for the Mpumalanga Hawks, Captain Dineo Lucy Sekgotodi said: Nobody could count how many court appearances he has made over the years.. All rights reserved. Financial Implications For Employers Who Lose Unfair Discrimination Matters, How To Register Your Company For UIF & CF Using BizPortal. Sometimes, employees may have a reasonable explanation, and in such cases, a dismissal is not the appropriate sanction. LISTEN | Could Gerhard Ackermans conviction uncover more child sex abuse kingpins? Some of the 15 counts of fraud include corruption, theft and money laundering. This must represent a turning of the tide for our country.. More AP Africa news: https://apnews.com/hub/africa. Mogale said it reportedly happened between 2019 and 2020. "The suspect allegedly received undue payments of approximately R2.1 million over a period of twelve months," she said. Play daily crosswords, sudoku, puzzles, and more. Entrepreneurs make big ideas turn into reality. 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. Go to: www.labourlawadvice.co.za. 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. PODCAST | Consexual with Dr Eve: Weak erections and dissatisfaction, how to treat erectile PODCAST | Consexual with Dr Eve: Is sexting cheating? hXmo6+pw@.uvAD# Employers tend to charge employees who have received financial gain from misconduct with dishonesty or fraud even in cases where the benefit can be attributed to human error or negligence. 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. Collins Concise Dictionary defines fraud as deliberate deception, trickery or cheating intended to gain an advantage. According to Sekgotodi, Skosana was sentenced to three years in prison and wholly suspended for five years. WASHINGTON (Reuters) - A federal judge in Texas ordered the head of a South African firm to pay a whopping $3.4 billion for what the U.S. commodities regulator said was its largest-ever fraud case . gunmen while traveling on one of South Africa's . "For example, employers often get trapped into levelling an allegation of fraud against an employee. This week Ivan Israelstam gives examples of fair discrimination. Amongst others, the MOU requires that the Covid-19 TERS monies must be paid over to the qualifying workers applied for. Williams is a former partner at consultancy firm Bain & Co, which he also accused of in his allegations regarding the tax authority. 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. Please read our Disclaimer Policy. Play daily crosswords, sudoku, puzzles, and more. This means that those frauds, for which employees have been caught are likely to be only the tip of the iceberg. In the latest news in South Africa on Tuesday 2 May 2023, two more former G4S employees were arrested in the Thabo Bester case. The commissioner appeared to believe that the employee had made an error by completing the form. Through this company, he registered ghost employees so that he could claim UIF benefits on their behalf, when in fact it was going into his pocket. All rights reserved. This helps to safeguard the integrity of the investigation, any evidence, as well as any potential witnesses, said Hinxman. 0 But, they all contribute to the economy and create jobs. He said he testified out of a sense of civic duty but was not offered any protection despite the important evidence he provided and will not return to his home country unless his safety is guaranteed. Thorough background checks should be made of people we hire in our houses, whether they are local or foreign nationals. All Rights Reserved, Department of Health's Covid-19 online resource and news portal. 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. 1. May Employers Dismiss All Employees Who May Be Involved Without Evidence? Those who attempt or defraud the Unemployment Insurance Fund (UIF) should be aware that they will be arrested and punished for their heinous actions. In either instance, a capable chairperson will be able to recognise that an employer is not a legal representative and can identify the true misconduct of the employee.. A government health department employee who warned of illegal dealings worth nearly $50 million was shot 12 times in the driveway of her home. 18. We also thank the public for being vigilant about the abuse of Covid-19 TERS funds by blowing the whistle to us; said Maruping. 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. To prove fraud, the. LISTEN | Thinking the unthinkable: What if Siya Kolisi cant make the World Cup? For 14 free days, you can have access to a world of in-depth analyses, investigative journalism, top opinions and a range of features. Copyright 2023 by The Associated Press. This week, Ivan Israelstam explains the legally distinct reasons for dismissal: for misconduct, for poor work performance, and for operational requirements. by Corn van Zyl 02-05-2023 05:30 In 2020 the Fund embarked on the follow the money project was close to R 900 million was recovered. At the CCMA, Mr Ngcobo challenged the substantive fairness of his dismissal. 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. They are scheduled to be sentenced on 17 May 2022. Offences and penalties. BREAKING NEWS LIVE | More arrests in Thabo Bester escape case. By Ivan Israelstam, Chief Executive of Labour Law Management Consulting. The liability of an employer, however, under circumstances where an employee commits an intentional wrong entirely for his or her own purpose, is a very different kettle of fish. 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? Although we take great care to ensure that the information on our website is accurate and up to date, readers are advised to always consult with a Labour Law Practitioner before acting on the information. Although benefiting from a misconduct financially aggravates the misconduct, it does not always result in a finding of dishonesty or fraud. 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. 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. Consequently, the statements from the people who were falsely registered to receive UIF benefits were obtained and Skosana was arrested. Six men have been charged with murder in her killing. In the absence of a clear and credible reason for making such an alleged error I would submit that the balance of probabilities are that the employee completed the check form intentionally and that he did so dishonestly in order to make it appear that he had completed the check. Thereafter you will be billed R75 per month. "The complainant reported that she got information that her 26-year-old employee has photos of her documents [ID, bank card and an actual photo] on her (the suspect) cellphone. 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. Meanwhile, he advised social clubs members to approach the police for assistance when they doled money at the end of the year. Mlangeni and Daguma were arrested on 5 June this year at their respective homes when warrants for their arrest were executed. You will receive mail with link to set new password. LISTEN | ESKOM DIRTY DOSSIER: Andr De Ruyter, the apartheid spy and the R50m off-the-books snoop. Should an individual be declined to receive the grant, they have an opportunity to lodge an appeal. As per the case law above, the parity principle is a factor that has . '|+ldZ*?}vOIZ8R*ti )zqnW!+a)rH,7`p7lP&s`.IQyT0[Oh[Ww4[:[/Rz~ LJtA &HOH=~U0VM> [~>H) aoVUUI3U?>|UEcUmDV. The Global Initiative Against Transnational Organised Crime counted a total of 1,971 assassination cases in South Africa between 2000 and 2021, with whistleblowers accounting for many of the targeted individuals. Journalism strengthens democracy. The initial case against Mlangeni and Daguma is scheduled to be heard in the Bethlehem Regional Court on 11 September. It is alleged that Mlangeni, who was then an employee at the bank, cloned a bank card which she linked to a clients account. The legal procedures that an employer is required to follow in implementing dismissals for misconduct, retrenchments and poor work performance are all different. Case No: JR 2186/17. 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. 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. Unforeseen circumstances that lead to a loss of income can be devastating for many people. The company led clear evidence that it had lost trust in him. are often trusted more than are junior employees. The information on this website does not constitute legal advice.