Fraud charge in the work place without instore proceedure followed
My son had a once off experience at work when he did a cash refund for himself to the value of R1800. He is a manager in retail.employed in his field by the company for 8 years. His colleagues have always had sound relationship with him but recently a new manager was appointed. he has had a lot of negative things in dealing with this manager and approached his HR with a grievance. It was dealt with in his favor. this manager did not follow the company’s disciplinary proceedure but had him arrested and charged with fraud. He was cuffed and shamed in front of all staff and customers. Put into a holding cell to sit on the floor. The cell was dark a d stunk of urine. We bailed him out. I feel the fraud charge is drastic considering and am wondering if this is not a matter for the CCMA and SA HUMAN RIGHTS INTERVENTION. He has to apply for legal aid.
Need help urgently in this natter.
What would be the sentence in a case like this should he be found guilty of the offense.? He has no previous convictions at all.
Good Afternoon Laura G,
Please remember that your son is innocent until proven guilty in a court of law. I suggest you and your son approach the legal aid board in Johannesburg on the 8th of January 2018 when their offices open to apply for legal aid or he can do so at the Court where he needs to appear on the fraud charge. It is not possible to estimate his possible sentence as that falls within the sole discretion of the Magistrate that will hear the case. First wait for the finalisation of the trial before you decide to take any further steps in respect of his arrest on the fraud charge. Being a first offender it will be regarded as mitigation of sentence should he be convicted.