Unemployment Insurance Act, 2001 (Act No. 63 of 2001)Chapter 8 : General60. Recovery of losses caused by employees of Fund |
| (1) | For purposes of this section, causing loss or damage to the Fund includes – |
| (a) | the making or authorising of – |
| (i) | an irregular payment of Fund moneys; |
| (ii) | a payment without a proper supporting voucher; |
| (b) | the failure to carry out a duty leading to a fruitless expenditure of Fund moneys; |
| (c) | a deficiency in any Fund moneys, stamps, securities, documents with face or potential value, or Fund property; |
| (d) | damage to any Fund property; and |
| (e) | an act or omission leading to a court claim against the Fund. |
| (2) | If an employee of the Fund causes any loss or damage to the Fund, the Director-General may – |
| (a) | institute an enquiry into the loss or damage; |
| (b) | determine whether the employee is liable for the loss or damage; |
| (c) | if the employee is found to be liable for the loss or damage, determine – |
| (i) | the amount of the loss or damage; and |
| (ii) | how and when the amount is to be paid by the employee; and |
| (d) | notify the employee in writing of any determination made in terms of this subsection. |
| (3) | If, at the termination of an employee’s employment, there remains any amount outstanding in respect of a determination made in terms of subsection (2), that outstanding amount may be deducted from any moneys due to the employee. |
| (4) | Any employee who is aggrieved by a determination made by the Director-General may, within 30 days of the date of notification in terms of subsection (2)(d), appeal to the Minister in accordance with the grievance procedure applicable to state employees. |
| (5) | Nothing in this section prevents the Director-General from – |
| (a) | instituting proceedings in a competent court to recover any loss or damage caused by an employee who is or was in the public service; or |
| (b) | instituting disciplinary proceedings against an employee contemplated in paragraph (a); or |
| (c) | instituting proceedings contemplated in both paragraphs (a) and (b). |