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.
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.
“The amount of time an organisation takes to leap into action and address any fraud allegations may impact its ability to collect valuable evidence. 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.
An employer is legally able to suspend an employee without informing them of the nature of the allegations. However, it is important to note that an employee must be suspended on full pay. Currently, disciplinary enquiries are held as extremely formal affairs, where those involved will sit down together in a tribunal manner.
It is important that misconduct enquiries be led by a competent, impartial chairperson in order to ensure fairness, substantively and procedurally.This person can be an independent party or an internal manager who has no prior knowledge of the incident, said Hinxman.
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