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Unemployment Insurance Act, 2001 (Act No. 63 of 2001)

Chapter 8 : General

60. 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).