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Follow this procedure when you present a fraud case at a disciplinary hearing

by , 26 February 2014
Dealing with fraud in the workplace is a lot more complicated than you probably thing. First, you must investigate the matter thoroughly and gather evidence to use at the disciplinary hearing. Then, you need to present your case at the hearing. Here's procedure you need to follow...

Greyvensteins says South Africa has of the highest workplace fraud statistics in the world.

The company adds that 'with fraud capable of bringing businesses to their knees through financial loss and bad publicity, it's critical that employers pay attention to the prevention of and reaction to fraud in the workplace.'

Reaction to fraud would be taking disciplinary action. This is a very crucial step when dealing with fraud in the workplace.

And by now you know that when it comes to labour matters, following a legal procedure is a must.

Here's what you must do to present a fraud case at a disciplinary hearing

The Labour Law for Managers Loose Leaf Service says you must put the evidence your investigator collected into an order and form that'll best convince a neutral chairperson the suspect's guilty.

For example, let's say you catch Frank forging company cheques. The evidence gathered for the disciplinary enquiry might be:

  • The cheque; and
  • Copies of the bank statements showing where the proceeds of the forged cheque have gone (i.e. Frank's bank statements).

To prepare for the hearing you'll need:

To identify the procedures for signing cheques and confirm the signature isn't yours;
A witness to confirm Frank deposited the cheque; and
Handwriting experts to confirm the signature is Frank's.

When you present the fraud case at the hearing ensure that whoever chairs the hearing:

  • Can't be accused of having been involved in the incident, in the discovery of the incident or in the investigation;
  • Is highly skilled and experienced in chairing hearings (a fraud case is normally very complex and a layperson probably won't cope);
  • Is impartial. Usually this will disqualify the suspect's direct line manager from chairing the hearing; and
  • Understands the law.

You must also ensure that the chairperson understands the following:

  • What constitutes fraud; and
  • Your employee's procedural rights.

The Loose Leaf Service adds that the person who presents your case must be well-trained. He must present the witnesses and other evidence in a way that makes it easy for the chairperson to see the guilt of the accused.

Knowing how to present a fraud case at a disciplinary hearing will help ensure you deal with fraud in the workplace effectively.

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