EMPLOYEE SCREENING HANDBOOK - THE IFACTS GUIDE TO DEVELOPING AN EFFECTIVE EMPLOYEE SCREENING POLICY FOR YOUR ORGANISATION
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Employee Screening Handbook The iFacts Guide to Developing an Effective Employee Screening Policy for your Organisation
ABOUT THE AUTHOR Jenny Reid CEO of iFacts CEO Jenny Reid, the driving force behind iFacts, is a woman who makes things happen in the security environment. Where others see challenges, she envisions solutions. She has become an outspoken advocate of change, integrity and innovation. Her solid experience gets her respect, while her fearless attitude is admired by her peers, the media—and her clients. Jenny is a sought-after speaker and conference facilitator, both in South Africa and abroad, where her experience, insights and sharp analysis of the sector is valued by organisers and audiences alike. Her bold attitude and tireless energy have made her stand out in the industry where she has become both a mentor and role model to other women. She started her career in the security industry in 1995 when she joined Griffiths and Associates. She soon moved up the ranks to operations manager and later managing director, changing the name to Griffiths Reid. Since then, Jenny has proven herself as a trailblazer—bringing insight, intelligence and innovation to every task she tackles. She started the progression of the security sector from the inside where her integrity and talent was recognised when she became the first woman president of the Security Association of South Africa (SASA) in 40 years. Early on in her career, Jenny developed a passion for employee screening. When she bought the iFacts brand in 2001, she saw an opportunity to help her clients remove risks and develop progressive solutions to employee screening. From this, Jenny took her idea a step further and developed a holistic employee enhancement programme, aimed at helping business owners create an honest, loyal, productive and happy workforce. Outside of business, Jenny has developed a passion for walking in support of children’s charities, eventually heading up her own initiative, Adventures for Love. Jenny lives in Johannesburg with her husband, Neil. She has two sons, Brad and Craig. 1
ABOUT IFACTS Want to add true value to your organisation? When it comes to Background Checks, Screening and Vetting, your organisation needs a proactive, stringent and comprehensive approach. iFacts are the experts in helping you to identify and manage your people risk. iFacts provides businesses with the ability to remove human resources risks. Established in 2001, iFacts recognises that all too often, it is the people working for an organisation that present the greatest threat to security. iFacts has seized the opportunity to help clients remove people risks and develop progressive solutions to employee screening and fraud prevention. iFacts provides a comprehensive bouquet of services to keep organisations and their employees safe, secure and honest. A pioneer in its field, iFacts has perfected the art of protecting company assets, and created dishonesty detection solutions and verification capabilities that effectively deal with new threats as they arise. 2
Introduction INTRODUCTION TO EMPLOYEE SCREENING Hiring new employees is a delicate balance between finding someone who’s the right fit for the position as well as the right fit for the company itself. An effective Employee Screening Policy can be the key differentiator, where HR hires an employee game changer, or someone who negatively impacts the morale and productivity of those around them. The value of employee screening is focused around its ability to provide companies and hiring managers with the tools necessary to place the missing puzzle pieces for the job at hand. Not only does employee screening ensure you find the right candidate, it also provides long-term financial savings. Numerous companies stall on introducing effective employee screening programmes as they consider them to be an additional and unnecessary cost. The value of employee screening may seem unquantifiable. However, consider the advantages of bringing qualified, experienced, motivated, and productive employees on board versus the cost and hassle of a less suitable employee who may not even stay with the company, or worse, adversely impact on the organisation. To get the best value possible, employee screening should be implemented as a proactive policy that forms part and parcel of the recruitment process from the outset. It should include a number of core checks, balances and standards. A thorough background check not only demonstrates a prospective employee’s affinity for the job at hand, but also reveals any potential disciplinary issues at previous companies such as theft or fraud. Employee turnover is another area where screening can help ensure employee commitment and longevity. A high rate of employee turnover can have hugely negative consequences as the cost of training and loss of productivity begin to add up. Background checks allow the employer to assess a candidate’s work history and see whether their track record in previous positions demonstrates commitment or a potential rolling stone. Making more informed hiring decisions based on proactive and continuous employee screening eliminates the unnecessary hassle of high staff turnover and unpleasant disciplinary issues and instead opens the door to competent, effective and dedicated candidates that will take your organisation to greater heights. 3
CONTENTS 1 Chapter One: Investigating the Iceberg 2 Chapter Two: Reviewing The Landscape 3 Chapter Three: The Rise of Global Corporate Fraud 4 Chapter Four: Profiling the Perpetrators 5 Chapter Five: Developing an Employee Screening Policy 6 Chapter Six: Pre-Employment Checks to be conducted 7 Chapter Seven: Developing an Employee Screening Policy 8 Chapter Eight: Taking Action 4
The iFacts Employee Screening HANDBOOK Chapter One Investigating the Iceberg: The importance of Employee Screening as Best Practice In 1912, the doomed Titanic hit its fatal iceberg because it didn’t realise the danger ahead before it was too late. Deceptively, most of this floating mountain of ice was below the waterline; some 85% or more of a typical iceberg lies unseen. In much the same way, what we know of our employees in 2016 is often just a fraction of the real picture. Just as you don’t want your company to sink, you need to go deeper and further to gain clarity in security detailing Do your or analysis. You may only be looking at an eighth of the picture. Is that really what you want to base the future of your organisation’s growth and employees clearly development on? understand the purpose and For the past 20 years, working on ways to keep clients and their valuable employees safely on course, in secure and thriving working environments, value of employee we’ve learned the importance of Background Checks and Employee screening? Do Screening—investigating the iceberg, as it were. For us at iFacts, it’s part of making the workplace safer, and producing teams that are open, they understand principled and productive. that it protects them, not just the The truth is that more companies are checking employment chronologies, educational certification, driving licences and credit histories. In South company? Africa, where fraud and collusion are rife, it is especially important. However, what no one realises is that if this process is done in a random or unethical manner it can be destructive to a company and may lead to serious legal consequences. The best screening processes are well-formulated, well-communicated and transparent; they are understood and accepted as a standard part of company procedures. Communication in formulating any new employee policy is important — to understand the strengths, risks and consequences of a policy. It also protects the company itself in becoming more compliant and accountable. 6
The iFacts Employee Screening HANDBOOK Chapter One How big is the iceberg? The formulation of a screening policy starts when security professionals meet with Human Resources to discuss the needs of the company, identify areas of vulnerability, see what resources are available and agree on the required outcomes. • Who should be checked? • What type of checks should be carried out? • What criteria will be used in the process? • Does it infringe on personal or legal rights? Recent Sadly, not all employee screening checks are as exhaustive or reliable surveys in the as clients may think. It is critical to work with a group of specialists who US showed understand what checks are relevant to your company’s employees or vendors. On this note, when it comes to screening, don’t ignore partners vendor employees in your company, temp or contract workers or consultants. are 92% more likely to have a Recent surveys in the US showed vendor employees are 92% more likely to have a criminal record than permanent employees, according criminal record to security commentator Ron Lashier in a media report. This indirect than permanent workforce often slips through the security loophole. employees Once you have the above information, a thorough and compliant employee screening policy can then be designed to suit a company’s needs and values. In other words, get a robust picture of the iceberg, both above and below the waterline. Remember: a resilient company is one that can react to a threat timeously and effectively. In summary – Employee screening protects your organisation and its employees from outside threats; then tries to identify the risks that may already be inside. 7
The iFacts Employee Screening HANDBOOK Chapter One Protecting the ship Once you have the buy-in from staff, vendors and other stakeholders in your compliance measures, you have a stronger and more integrated security strategy to work from. Think of it as a sense of security in your security. Sporadic From the CEO’s corner office to the cleaner who comes in every morning to empty the dustbins, a standard policy will safeguard everything on the checks offer weak ship: staff, assets, intellectual property, databases, and other information. protection in terms of employee Keeping on course screening. To stay on course, so to Here’s a warning. Sporadic checks offer weak protection in terms of speak, you need employee screening. To stay on course, so to speak, you need complete, accurate and consistent information. A comprehensive and detailed plan complete, accurate is what keeps employees and employers safe. A thorough screening and consistent should be carried out by professionals, experienced and trained in investigations, who know where to place their telescopes. information. A comprehensive Security checks must apply to more than just your existing permanent and detailed employees. It must extend to new people coming in, extended stakeholders and vendors and, most importantly, it must be an ongoing plan is what process. A false sense of security and complacency can be deadly— keeps employees ask the captain of the ill-fated Titanic. and employers safe. A thorough screening should be carried out by professionals, experienced From the CEO’s corner office to the and trained in cleaner who comes in every morning to investigations, empty the dustbins, a standard policy will who know where safeguard everything on the ship: staff, to place their assets, intellectual property, databases, telescopes. and other information. 8
The iFacts Employee Screening HANDBOOK Chapter TWO Reviewing the Landscape The 2015 announcement by the Passenger Rail Agency South Africa (Prasa), that it had suspended chief engineer, Daniel Mtimkulu over what it said was the fact that “he lacked the necessary qualifications” has once again shown how widespread the problem of qualification fraud in South Africa is. This scandal came to light after Prasa had faced questions over the The 2015 purchase of new diesel locomotives from Spain, and over a R51 billion Prasa scandal tender for the purchase of 600 trains for its fleet renewal programme. The is but a drop agency had reportedly ignored warnings from engineers that the 13 Afro 4000 locomotives, imported from Spain for R600 million, were too high in the ocean. for local railways and could damage overhead cables. Just another embarrassment The 2015 Prasa scandal is but a drop in the ocean. Just another embarrassment for one of the local parastatals that have been bedevilled for one of the with qualification scandals over the past two to three years. local parastatals that have been Mtimkulu claiming a falsified Ph.D. degree from a German university, a tenure at Wits University that never happened and a non-existent bedevilled with registration with the engineering profession’s statutory body – all once qualification again go to show how vitally important it is for employers to conduct pre- employment screening. scandals over the past two to So if the problem is so prevalent at a state level, it follows that the three years. same type of problem may be cropping up in the private sector as well. Back in February 2014 PricewaterhouseCoopers released its annual Global Economic Crime Survey. It exposed the shocking prevalence of economic crime, stating that companies in South Africa are hit by more fraud, bribery and corruption than their global counterparts. While the next Global Economic Crime Survey is due for release soon, ENSafrica believes that South Africa’s global reputation in terms of economic crimes, is taking serious strain. Companies in South Africa are hit by more fraud, bribery and corruption than their global counterparts. 10
The iFacts Employee Screening HANDBOOK Chapter TWO Is South Africa out of control? South Africa better take note that business experts in the US and the UK are starting to see Zimbabwe as a more attractive investment destination than South Africa (SA). The reason being South Africa’s ever more prevalent image of a corrupt state. This is the view of forensics specialist, Dave Loxton of the legal firm, ENSafrica, as published in a FIN24 report during September 2015. “Corporate SA must do more about the country’s image of bribery and corruption,” said Loxton at the launch of the ENSafrica 2015 anti-bribery and corruption survey on Tuesday. About 88 organisations in Africa, including Mauritius, were surveyed. Steven Powell, co-head of forensics at ENSafrica said there are He expressed 10 things the US Department of Justice usually expects to see in a concern about company’s anti-bribery and corruption programme, including: corruption • Commitment to compliance at the highest level • Written and widely disseminated compliance policies – also becoming translated into local languages where appropriate entrenched in • Periodic reviews and updates municipalities and • Independence and adequate funding in the government, • Training and guidance • Internal reporting mechanisms adding that only • Investigations, including adequate resources and effective about 10% of processes as integrity is very important corporates in • Enforcement of policies and disciplinary measures for non- South Africa compliance • Paying attention to third party relationships – examine these closely are probably and sensitise third parties to the importance of compliance and anti-corruption show a willingness to terminate those agents and contractors who fail to comply compliant. • Monitoring and testing The UK Government looks at: • Procedures • Top level commitment • Due diligence • Communication and training • Monitoring and reviewing Powell also said the general corruption levels in SA could very well be “out of control and that almost anything can be acquired at a price”. He expressed concern about corruption becoming entrenched in municipalities and in the government, adding that only about 10% of corporates in South Africa are probably anti-corruption compliant. 11
The iFacts Employee Screening HANDBOOK Chapter TWO SA’s Biggest Corruption Scandals According to a report released by Trade Union Solidarity in September 2015, the top 10 corruption scandals seen in South Africa over recent years have cost the taxpayer more than R246 million, that’s even more than the President’s State home, Nkandla. “According to the Institute of Internal Auditors of South Africa, R700 million was lost due to corruption during the two decades following the dawn of democracy,” Solidarity explained in its report. FIN24 reported on this in September 2015 and according to Dr Eugene Brink, senior It is researcher at the Solidarity Research Institute, the findings in the report, impossible to although shocking, are merely a drop in the ocean. quantify the “It is impossible to quantify the actual extent of corruption in South Africa actual extent as much of the corruption takes place unnoticed and unpunished. of corruption in South Africa “Furthermore, there are even more incidents of corruption not mentioned in this report that exceed Nkandla,” said Brink. “Therefore, the findings as much of the in the report are not all-encompassing and are merely an indication that corruption takes corruption is undeniably one of the biggest crises in our country.” place unnoticed Beyond Nkandla, the other top nine scandals are… and unpunished. Therefore, the 1. Local government findings in the In 2013, Corruption Watch declared local government to be the most report are not corrupt institution in the country. Corruption Watch spokesperson Bongi Mlangeni said: “We receive too many reports about maladministration, all-encompassing mismanagement of public funds and abuse of resources by officials at and are merely local government levels. It seems there is a need to rethink how systems of accountability can be applied at these levels.” an indication that corruption is 2. Tenderpreneurship undeniably one of Irregular expenditure of R2.429 billion was incurred by 17 auditees in the the biggest crises Free State during 2013/14. It was mainly caused by non-compliance with supply chain management requirements, the report revealed. “During in our country. 2013/14, nearly 60% of the auditees had material findings concerning uncompetitive and unfair procurement processes and these findings were also the main cause of the irregular expenditure of R11.351 billion.” 3. Tshwane prepaid meters What seemed like a wise measure aimed at combatting the non-payment of electricity in the City of Tshwane, was exposed as an exceedingly expensive and corrupt imbroglio, said Solidarity. “Tshwane had paid PEU a gargantuan R830 million between October 2013 and May 2015 to install 800,000 meters and manage the project for eight years. At the time of cancellation, only 12 930 meters had been installed while PEU 12
The iFacts Employee Screening HANDBOOK Chapter TWO SA’s Biggest Corruption Scandals continued was required to install more than 435,000 during the first two years – a target it was highly unlikely to achieve.” 4. The SAPS Cash-flush criminals bribe police officers to thwart cases against them while poor people are denied justice as they simply do not have the means to pay police officers to do the work they are supposed to, Solidarity said. 5. The Metro police In January 2015, three Tshwane metro cops were arrested for bribery, while the Tshwane Metro Police Department sacked 67 members of its anti-corruption unit in late 2011 and officially disbanded the unit in 2012, the report showed. “A worrying 184 out of 2,600 officers at the Johannesburg Metro Police Department (JMPD) were probed for corruption between 2009 and 2011.” 6. Prasa Reeling from recent revelations on a corrupt tender that saw R620 million being wasted on unsuitable locomotives, the beleaguered Passenger Rail Agency of South Africa (Prasa) has been coming off its rails, Solidarity said. “The public protector found that (ex CEO Lucky) Montana was responsible for large-scale maladministration, abuse of power and wasteful expenditure during his tenure at Prasa.” 7. False qualifications Ever since the ignominious revelations that ANC spokesperson Carl Niehaus lied about his qualifications, many government bigwigs have been outed as qualification falsifiers, Solidarity said. “No scandal of this kind was bigger than the one surrounding former Arts and Culture Minister and struggle stalwart Pallo Jordan. It was established in 2014 that Jordan lied about obtaining his PhD and has no tertiary qualifications whatsoever.” 8. Home Affairs A 2015 report showed that the Marabastad refugee office in Pretoria is a hotbed of corruption and bribery and one of the most corrupt Home Affairs offices in the country, Solidarity said. “A 2012 report analysing the complaints lodged with the National Anti-Corruption hotline stated that corruption at the Department of Home Affairs took fourth place, with 781 cases reported since the hotline’s inception in 2004.” 9. The cabinet and parliament In 2006, 14 ANC LPs were convicted and fined after pleading guilty to theft and fraud charges due to the abuse of parliamentary travel vouchers in a case known as Travelgate, Solidarity said. “Prominent ANC LPs such as Nathi Mthethwa, Lindiwe 13
The iFacts Employee Screening HANDBOOK Chapter TWO SA’s Biggest Corruption Scandals continued Sisulu, Nosiviwe Mapisa-Nqakula, Beaty Dlulane, Mnyamezeli Booi, Lindiwe Sisulu, Ruth Bengu and Humphrey Mmemezi as well as EFF LPs such as Dali Mpofu and Julius Malema have all been implicated in irregular and corrupt practices.” Solidarity said it consulted various media sources and indexes to analyse 10 case studies. 14
CHAPTER THREE The Rise of Global Corporate Fraud 15
The iFacts Employee Screening HANDBOOK Chapter THREE The Rise of Global Corporate Fraud According to the Kroll Global Fraud Report 75% of companies around the world experienced a major fraud incident in the past year, 81% of companies affected by fraud reported insider perpetrators and that whistleblowers were responsible for exposing 41% of these fraud incidents. The report Three quarters of companies (75%) have fallen victim to a fraud incident in revealed that the past year, a rise of 14 percentage points in just three years, according among companies to the Kroll Global Fraud Report 2015-2016. that experienced These findings reveal that the biggest fraud threat to companies information/ comes from within. Of those companies where fraud occurred and the data loss, theft perpetrator was identified, four in five (81%) suffered at the hands of at or attack over least one insider, up from 72% in the previous survey. the past 12 More than one in three victims (36%) experienced fraud at the hands of a months, the most member of their own senior or middle management, 45% at the hands of common cause a junior employee, and for 23% the fraud resulted from the conduct of an agent or intermediary. was dishonest employees The report also revealed that among companies that experienced at 45% and information/data loss, theft or attack over the past 12 months, the most common cause was dishonest employees at 45%, with dishonest dishonest vendors vendors and suppliers involved in 29%. By comparison, only a small and suppliers, minority involved an attack by an external hacker on the company itself (2%) or on a vendor/supplier (7%). involved in 29%. By comparison, One in three (33%) executives cited high staff turnover as the main driver only a small of increased exposure to fraud. This is more than twice as many who named the next highest driver of vulnerability to fraud, greater outsourcing minority involved (16%). an attack by an external hacker “Much media attention is focused on external threats to companies, highlighted by high profile cyber-attacks, but the evidence revealed in our on the company report and our day-to-day experience tells a different story,” says Tommy itself (2%) or on a Helsby, Chairman, Kroll. “The respondents in this survey indicate the vendor / supplier greatest single cause of fraud in their companies is their own employees. It is not enough for companies to protect themselves from outside threats (7%). – both external and internal vulnerabilities need to be addressed.” Overall, 69% of businesses suffered a financial loss as a result of fraud, up from 64% in the previous survey. Theft of physical assets was the most common fraud experienced (22%), followed by vendor, supplier or procurement fraud (17%) and information theft (15%). 16
The iFacts Employee Screening HANDBOOK Chapter THREE The Rise of Global Corporate Fraud CONTINUED Percentage of Companies Affected by Different Types of Fraud % of companies affected by Type of Fraud this in the past 12 months Theft of physical assets 22% Vendor, supplier or procurement fraud 17% In the past Information theft 15% year, 72% of companies were Management conflict of interest 12% dissuaded from operating in a Regulatory or compliance breach 12% particular country Corruption and bribery 11% or region because of the heightened Internal financial fraud 9% exposure it would Misappropriation of company funds 7% bring to fraud. Latin America Money laundering 4% (cited by 27% of IP theft 4% all respondents) was the region Market collusion 2% which saw most businesses turn away, but the other perennial Increase in Vulnerability to Fraud region of concern, Four in five Kroll Survey respondents (80%) believe their organisations Africa, was not far have become more vulnerable to fraud in the past year. Executives behind (22%). expressed particular concern around areas such as cyber risks, with more than half of respondents (51%) believing they are highly or moderately vulnerable to information theft. This increased awareness level has led to growth in the number of companies proactively looking after their information security requirements, with two-thirds (67%) reporting that they regularly conduct data and IT infrastructure assessments. A majority of respondents report they have an up-to-date information security incident response plan (60%) and have tested it in the past six months (59%). 17
The iFacts Employee Screening HANDBOOK Chapter THREE The Globalisation of Businesses Increases Fraud Risk In a global marketplace where many international businesses have thousands of companies in their supply chain, risks become more difficult to identify and keep under control. Executives say their companies are particularly at risk of threats such as vendor, supplier or procurement fraud, with half of respondents (49%) feeling highly or moderately vulnerable to this type of incident. Some 40% of the Kroll Survey respondents felt highly or moderately vulnerable to corruption and bribery, another type of fraud that has the propensity to increase as companies expand geographically into new territories. In the past year, 72% of companies were dissuaded from operating in a particular country or region because of the heightened exposure it would bring to fraud. Latin America (cited by 27% of all respondents) was the In a global region which saw most businesses turn away, but the other perennial marketplace region of concern, Africa, was not far behind (22%). where many international Whistleblowers: Key Defence Against businesses Insider Fraud have thousands In the past year, a whistleblower was at least partially responsible for of companies exposing 41% of cases of fraud that were uncovered. This is well ahead in their supply of the next two most frequent sources of discovery, external audits (31%) chain, risks or internal audits (25%). become more The findings show that anti-fraud efforts can have an impact on the threat difficult to from within. Of those firms hit by fraud where the perpetrator was known, identify and only 20% of those with management controls in place suffered at the hands of a senior or middle manager, compared to 31% of firms without keep under such controls. control In an environment where insiders are the source of the problem, other employees who observe or become aware of what fraudsters are doing are the company’s strongest defence. “What our report and our day-to-day experience tell us is that despite companies making greater and more sophisticated efforts to combat fraud, it remains a serious business threat that cannot be completely eliminated,” says Helsby. “Furthermore, the adverse impacts of such incidents cannot be underestimated. Fraud is not going away and continues to be on the rise, but the well prepared business can do much to stay one step ahead and be positioned to eliminate or mitigate it.” 18
Global Employee Screening Statistics More than 35 of applications OF JOB CONTAIN FALSIFIED APPLICATIONS information about contain inaccurate information work history 40 35 of applications feature a of statements about falsified professional qualifcations qualification are untrue *Source: HireRight, the global due diligence company. February 2015. 19
You won t believe how many people lie on their CVs 2 500 HIRING MANAGERS found that of applicants lie oN their applications. of hiring managers of hiring managers FIND PEOPLE LIE find people lie about about their their CAPABILITIES of responsibilities *Source: CareerBuilder, 2015 Employee Screening Survey 20
CHAPTER FOUR Profiling the Perpetrators 21
The iFacts Employee Screening HANDBOOK Chapter four Profiling the Perpetrators So now that we have an idea of the extent of insider fraud, how does one go about spotting the typical insider fraudster and keep them out of the organisation? Are there traits, backgrounds or personalities that are shared by people who commit fraud and embezzlement? Principal Criminologist at the Australian Institute of Criminology, Dr Russell Smith, believes this is far more complicated than most people think. “Fraud involves ‘dishonestly obtaining a benefit, or causing a loss, by deception or other means’ and can be perpetrated by public servants or employees, who may abuse their privileges for personal gain,” says Dr Smith. Fraud “The impact of fraud is substantial, not only in terms of financial loss but involves by creating a negative and counter-productive atmosphere within affected ‘dishonestly workplaces. Fraud can destroy working relationships, reduce productivity and lead to loss of staff with immeasurable direct and indirect harms obtaining a being suffered in the public sector, private organisations and even the benefit, or community at large.” causing a loss, Dr Smith asserts that identifying people who are planning to, or in the by deception or process of committing fraud is the first step in minimising the extent of other means’ these harms—the longer acts of dishonesty continue, the greater the and can be financial and other harm that will be caused. perpetrated by But what makes someone act dishonestly, and how can we identify such public servants people before they carry out their planned conduct? or employees, who may abuse There are certain factors (red flags) that make people vulnerable to acting dishonestly in the workplace. The desire to predict who will act their privileges dishonestly or even criminally remains an ever-present issue as we try to for personal identify and change the behaviour of those at risk of acting dishonestly against others. gain The characteristics of convicted fraudsters Prior research has found that those convicted of fraud offences have similar personal and professional backgrounds to each other, says Dr Smith. Of course, this evidence relates only to those whose crimes have been detected and investigated officially. Different profiles might be present for those who manage to evade detection. In Australia, an annual census of Commonwealth entities is undertaken to assess the extent of fraud experienced by these companies. 22
The iFacts Employee Screening HANDBOOK Chapter four The characteristics of convicted fraudsters continued Respondents are asked to report details of those who were alleged to have committed the most costly fraud incident in the preceding year. • 6% of the most costly internal fraud allegations were against 5 males. • 76% were full-time employees, and 49% had been employed with the entity for four years or more. • In terms of education, 61% had tertiary-level qualifications • The mean duration of offending was 16 months, with the longest period of offending lasting seven years. Serious Global auditing firm, KPMG undertakes a survey of fraud, bribery and corruption amongst Australian and New Zealand organisations every two fraud offenders years. The latest survey had responses from 281 organisations who were tend to asked to report fraud incidents over the period of a year. have similar characteristics • The profile of major fraud offenders indicated that 75% were male • 31% earning more than $100,000 annually. and are • Almost three-quarters of offenders were internal staff members usually trusted (75%) with 71% acting alone. Over 90% had no known history of employees in dishonesty (91%). managerial Another study is conducted biennially by the US-based Association of roles who are Certified Fraud Examiners. In its 2014 Report to the Nations, 1,483 cases presented with of occupational (internal) fraud were analysed. The profile of offenders confirmed prior research. opportunities to act • 67% of perpetrators were male. dishonestly. • 52% were aged between 31 and 45 years. • 25% had been with the organisation for more than ten years. These studies, show that serious fraud offenders tend to have similar characteristics and are usually trusted employees in managerial roles who are presented with opportunities to act dishonestly. Motivations for acting dishonestly Research has also been conducted into the primary motivations that offenders have for acting dishonestly. As one might expect, greed and cupidity feature as the primary motivation in all the studies asserts Dr Smith. The next most-frequently reported motivations related to the presence of financial difficulties that offenders 23
The iFacts Employee Screening HANDBOOK Chapter four Motivations for acting dishonestly continued experienced, often caused by living beyond one’s means, or adopting a lifestyle that exceeded one’s income. The presence of addictive gambling behaviour was often the reason for the financial problems that motivated acts of dishonesty, or, alternatively, offenders simply stole money in order to engage in gambling. These findings provide some of the regularly identified ‘red flags’ of fraudulent conduct that include offenders having unstable patterns of work, unwillingness to share duties with others and the need to work long Having good hours, or not take leave. In short – they have something to hide. internal business controls in place Other studies have examined specific personality factors associated with may assist in people who commit fraud. Some of the personality traits that have been associated with people found guilty of dishonesty in the detecting risks workplace include: at the earliest opportunity and • A desire for control. • Lack of reliability, responsibility, accountability. also act as a • Use of manipulation tactics with co-workers. deterrent for • Lack of discipline, respect and sensitivity. opportunists. Although it is impossible to predict with certainty exactly who will commit fraud, there are approaches that help to reduce the risk of fraud in the workplace. This can be achieved by ensuring that workplace disputes are avoided by using employee screening practices effectively. Having good internal business controls in place may assist in detecting risks at the earliest opportunity and also act as a deterrent for opportunists. 24
57 55 42 Embellished Embellished Dates of skill set responsibilities employment The Most Common CV LIES 34 33 Job Academic Title degree 26 18 Companies Accolades/ worked for awards *Source: CareerBuilder, 2015 Employee Screening Survey 25
Employee Theft by Numbers Percent of total THEFTS Percent of employees who have stolen at least committed by A MANAGER twice from their employer 37.1 37.5 Percent of all business Percent of employees who have stolen bankruptcies caused by employee theft once at least from their employer 75 *Statistic Brain Research Institute: 2015 Employee Theft Survey 26
CHAPTER Five Developing an Employee Screening Policy 27
The iFacts Employee Screening HANDBOOK Chapter five Developing an Employee Screening Policy Fraud, deceit, bribery and corruption are by no means a new problem. As early as 1602, Sir Edward Coke, Lord Chief Justice said that fraud and deceit abound in these days more than in former times. Turn the clock forward a few centuries and all that has really changed is the methodology rather than the prevalence. The best objective that companies and other The first organisations can hope to achieve, is the step towards operational standard and technical-level eradicating losses procedures to ensure that employees and caused by fraud, contractors working for a particular company corruption and are screened to a suitable standard. theft is through prevention. In other words, The first step towards eradicating losses caused by fraud, corruption and organisational theft is through prevention. In other words, organisational leaders should leaders should be looking at ways to prevent hostile employees or vendors from entering the organisation in the first place. be looking at ways to prevent One of the most common ways in which hostile employees or vendors hostile employees enter organisations or companies is through the falsifying of details on their work applications. or vendors from entering the Good personnel management requires the examination of the organisation in the trustworthiness and suitability of all employees to protect the employer’s interests. This process usually involves reference enquiries, verification of first place. qualifications and often credit and criminal history checks. Most organisational security policies therefore require that individuals undergo a screening process if their duties or tasks necessitate access to sensitive information and assets. At iFacts however, we recommend that all employees be screened regardless of what access is granted. This applies to all positions and to all phases of the contracting process. Employees should not be appointed or given access to sensitive information and assets until the checks are complete. 28
The iFacts Employee Screening HANDBOOK Chapter five The initial personnel screening process comprises the following steps: Determining screening requirements One of the most common Identifying required checks ways in which hostile employees or vendors enter Obtaining consent for the relevant organisations checks or companies is through the falsifying of details on their work Processing reliability checks or security assessments applications. Evaluating results of reliability checks or security assessment information Granting or denying reliability status or security clearances Making an appointment or deployment Briefing the screened person 29
CHAPTER SIX Pre-Employment checks to be conducted 30
The iFacts Employee Screening HANDBOOK Chapter SIX Pre-Employment checks to be conducted Employee Screening and checks to be conducted must be identified on the application for employment form. Personnel screening processes should include the following primary checks as part of the assessment of reliability. Employment Screening Methodology • Pre-employment Screening • Background Checks • Individual Risk Assessment • Biometric Assessments • Criminal Record Checks • Personal Profiles • Verifications • Truth Verification • Integrity Tests In addition, there can be mandatory as well as optional checks for each level. The manager ensures that the mandatory checks are done and decides, with advice and assistance from departmental HR or security staff, which options are justified based on the sensitivity of the information and assets accessed and the requirements of similar positions. Optional Screening Methodology • Reputational Assessments • Integrity Tests • Truth Verification Tests • ull due diligence including links to other F companies, suppliers and staff members 31
The iFacts Employee Screening HANDBOOK Chapter SIX Current Employees iFacts also recommends that regular checks should be made on existing employees/contractors and permission for these should be considered in the application for employment or service provision. If regular checks are not part of the policy they can be made on employees prior to transfer or promotion. Situations may also occur which do not involve regular appointments but where personnel screening is still required (for example, temporary workers or contractors). In such cases departments must ensure that before permitting access, the individual has the appropriate reliability status or security clearance issued under the security policy or in line with bilateral or international agreements. A complete range of Employee Screening: a measurable return on screening, vetting investment and background A complete range of screening, vetting and background checking checking services services is absolutely essential in today’s public and private sector is absolutely environments, ensuring that only honest and ethical employees are working within your organisation or department. essential in today’s public The past few years have seen a plethora of negative media coverage and private sector featuring high-level government officials, who have all been found guilty environments, of various forms or fraud and corruption, including the falsification of qualifications. ensuring that only honest and ethical The consequences of public and private sector fraud and corruption employees are include: a substantial financial loss, a deep level of mistrust from citizens, a decrease in global investment opportunities from international working within stakeholders, and long-term reputational damage with ongoing your organisation repercussions. or department. The South African Police Service reports corruption under the broad category of ‘commercial crimes' and according to the latest stats some 91 569 cases have been reported in the past financial year. Statistics from the Public Service Commission show that public sector fraud cost the government close to R1 billion rand in 2011/2012. Based on this estimate, the Institute for Accountability stated in 2012 that the South African economy had lost some R675 billion as a result of corruption since 1994. This is a significant amount of money that would have been diverted away from government services and into the pockets of corrupt politicians, officials, their associates and private business people. 32
The iFacts Employee Screening HANDBOOK Chapter SIX When PricewaterhouseCoopers released its 2014 Global Economic Crime Survey with more than 5 000 global respondents in 93 countries, it stated that at least 69% of South African respondents indicated that they had been subjected to some form of economic crime in the 24 months At iFacts preceding the survey, compared to 37% of global respondents. The 2014 Global Economic Crime Survey went on to deliver a bitter blow for we believe that ethics and integrity in South Africa. It exposed the shocking prevalence prevention is of economic crime in South Africa, which is reportedly hit by more fraud, bribery and corruption than any of its global counterparts. better than dealing with the In South Africa there are several laws that seek to curb corruption in the arduous process public and private sector. These include the Prevention and Combating of Corrupt Activities Act, the Public Finance Management Act and the Public of disciplinary Service Act. In addition, the Public Administration Bill (which was adopted procedures and by Parliament in March 2014 but still awaits approval by the president) seeks to ban civil servants from conducting business with the state even criminal and compel them to disclose financial matters such as private business charges. interests. However, at iFacts we believe that prevention is better than dealing with the arduous process of disciplinary procedures and even criminal charges. In summary, fraud and corruption is a growing concern and major threat to the wellbeing of the public and private sector including government departments and parastatals. It threatens business processes, erodes the integrity of employees and tarnishes business reputation. Fraud and corruption is something that the public and private sector needs to deal with proactively in order to keep vital departments operating as efficiently and ethically as possible. 33
Employee Screening and Investigations Statistics The Numbers Speak for Themselves The 2015 iFacts statistics, which provide an overview of the results FOR THE YEAR 2015 obtained as a result of background checks and vetting services requested by our clients, revealed the following: 22% 26% of CV’s showed a number of with a bad credit record Major Fraud & DISCREPANCIES Corruption Risk % Falsification of experience & qualifications FAILED CHECKS 43% of directorship claims are FRAUDULENT Falsification of experience & qualifications
CHAPTER SEVEN Employee Screening Practical Implementation 35
The iFacts Employee Screening HANDBOOK Chapter SEVEN Employee Screening Practical Implementation The pre-employment and updated employee contracts must include detailed information on the purpose of the employee screening process. Emphasise that the implementation is for the greater good of the organisation and all its employees, rather than aimed at targeting certain applicants or employees. Emphasise the confidentiality and ensure that applicants and employees know that all information will be treated with the utmost respect and confidentiality. Step One: Consult with HR and your legal department about the implementation of a pre-employment and ongoing employment screening policy. Step Two: Compile a legally correct candidate consent form that is A pre-employment applicable to employees, contract employees and suppliers background Step Three: check is a sound The policy should be written into job application business practice documentation. that benefits Step Four: everyone The policy should be included in the employee contract. Step Five: All current employee contracts must be updated. Step Six: Contact a screening consultant for practical implementation. 36
The iFacts Employee Screening HANDBOOK Chapter SEVEN Employee Screening Policy Sample Policy One: To ensure that individuals who join this firm are well-qualified and have a strong potential to be productive and successful, and to further ensure that this firm maintains a safe and productive work environment that is free of any form of violence, harassment or misconduct, it is the policy of this company to perform pre-employment screening and credentials verification on all applicants who are offered and accept an offer of employment. A pre-employment background check is a sound business practice that benefits everyone. It is not a reflection on a particular job applicant. Therefore, all offers of employment are conditioned upon the firm's receipt of a pre-employment background screening investigation that is acceptable to the firm at the firm's sole discretion. Any applicant who refuses to sign a release form will not be eligible for employment. All reports All pre-employment background screenings are conducted by a third are kept strictly party to ensure privacy. confidential, and are only viewed All screenings are conducted in strict conformity with the required legislation. by individuals in this firm who All reports are kept strictly confidential, and are only viewed by have direct individuals in this firm who have direct responsibility in the hiring process. All screening reports are kept and maintained separately from your responsibility personnel file. in the hiring process. All screenings are done only after a person has received a disclosure and has signed a release. In addition, you have certain legal rights to discover and to dispute or explain any information prepared by the third party background-screening agency. If the employer intends to deny employment wholly or partly because of information obtained in a pre-employment check conducted by the company's reporting agency, the applicant will first be provided with a copy of the background report, a statement of rights, as well as the name, address and phone number of the reporting agency to contact about the results of the check or to dispute its accuracy. The firm also reserves the right to conduct a background screening anytime after you have been employed to determine eligibility for promotion, reassignment or retention in the same manner as described above. 37
The iFacts Employee Screening HANDBOOK Chapter SEVEN Employee Screening Policy – Sample Policy One CONTINUED Applicants also are expected to provide references from their former employers as well as educational reference information that can be used to verify academic accomplishments and records. Background checks may include verification of information provided on the completed application for employment, the applicant's resume or on other forms used in the hiring process. Information to be verified includes, but is not limited to, the applicant’s identity number and previous addresses. The employer may also conduct a reference check and verification of the applicant's education and employment background as stated on the employment application or other documents listed above. The background check may also include a criminal record check. If a conviction is discovered, a determination will be made whether the Additional conviction is related to the position for which the individual is applying or checks such as would present safety or security risks before an employment decision is made. A criminal conviction does not necessarily automatically bar an a driving record applicant from employment. or credit report may be made Additional checks such as a driving record or credit report may be made on applicants on applicants for particular job categories if appropriate and job-related. Employment screening assessments to determine an applicant's job fit for particular may also required of all applicants for employment. Skills tests related to job categories if the demands of the job may also be required. appropriate and This firm relies upon the accuracy of information contained in the job-related employment application, as well as the accuracy of other data presented throughout the hiring process and employment, including any oral interviews. Any misrepresentations, falsifications, or material omissions in any of the information or data may result in the firm's exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. In addition, in order to ensure a safe and profitable workplace, all employees are required to report to their supervisor if they are arrested and or charged for any criminal offense, with the exception of minor traffic offenses unless the employee is in a driving position. Driving position is any position where the employee drives on company time or for the benefit of the company. 38
The iFacts Employee Screening HANDBOOK Chapter SEVEN If an employee is arrested or charged for any offense, the employee must report the arrest or charge to their direct supervisor and submit a police The Policy report or other documentation concerning the arrest and /or charges. The report must occur within two business days of the arrest. The employer will help ensure will not take any adverse action based only upon the fact of an arrest. Any the safety of the action will be based upon the underlying facts of the arrest. public as well as Non-compliance with the above stated requirement constitutes grounds a safe working for termination. Furthermore, misrepresentation of the circumstances environment at the of the events can serve as ground for termination. Employees that are unavailable for work due to incarceration are subject to suspension or Company. termination. 39
The iFacts Employee Screening HANDBOOK Chapter SEVEN Employee Screening Policy Sample Policy Two: It is the policy of this company to perform pre-employment background checks. The purpose of performing these checks is to determine and or confirm, within appropriate legal and professional limits, the qualifications and suitability of a job candidate for the particular position for which the candidate is being considered. The policy will help ensure the safety of the public as well as a safe working environment at the company. The policy will help ensure that employment-related decisions utilising pre-employment background check are made in accordance with applicable law. Introduction Company Name will perform pre-employment background checks on all candidates for employment. In addition, if an employee changes positions in the company, any additional required background checks for that position, which have not previously been performed will be performed. The policy The components of each candidate’s background check will depend will help ensure on the job. Depending on the particular position, the Company currently the safety of the performs identity and address-related searches, various types of criminal public as well as (including sexual offender) background checks, employment credit checks, and driving record, education, prior employment and professional a safe working licence verifications. A list of each company position and the required environment at the pre-employment background checks for that position is attached to this policy. company. The results of the pre-employment background check are confidential and are to be shared with members of the company on a strict “need-to-know” basis. Disclaimers It is not the purpose of this policy to provide detailed information or descriptions of each individual pre-employment background check that can be performed. It is not the purpose of this policy to provide detailed information on how to make a final decision regarding the results of a pre-employment background check; every case must be decided on its own merits subject to the company requirement that all candidates be treated equally and consistently. It is not the purpose of this policy to provide detailed information of all applicable law. Questions about these subjects should be directed to the Human Resources or Legal Departments. This policy does not limit the company’s right to hire, discipline or terminate. This policy does not create a contract of employment. All employment is at will unless contract or law applies to the contrary. 40
The iFacts Employee Screening HANDBOOK Chapter SEVEN Employee Screening Policy – Sample Policy TWO CONTINUED Procedures Pre-employment background checks are required for all candidates for each position in the company and the required checks which has been prepared by the Human Resources department (HR) in consultation with the Legal Department (Legal). The right to perform additional pre-employment background checks is reserved to HR which shall consult Legal if deemed necessary. All candidates will be required to sign appropriate authorisations and consents prior to the performing of any pre-employment background checks. Candidates that provide false or misleading information in their application and/or authorisation may be eliminated from any further consideration. Candidates are expected to provide accurate and complete information and not to omit material information needed to make a decision. Candidates Pre-employment background checks should normally be completed before a candidate is offered a position. All job offers should be are expected to conditioned upon satisfactory completion of the pre-employment provide accurate background checks. and complete All candidates shall be individually reviewed and decisions made information with respect to employment based upon the totality of the and not to candidate’s qualifications and the results of the pre-employment background checks. omit material information In general, the relevance of a particular pre-employment background check to a candidate’s eligibility for employment is needed to make based upon the following factors: a decision. • the nature of the job for which the applicant is being considered • the nature of any adverse or negative information; in the case of a criminal matter, the facts surrounding the matter are particularly relevant • the age of any adverse or negative information; the age of the applicant at the time of • the adverse incident in relation to the present may also be relevant Having adverse information, including a criminal history or conviction does not automatically preclude a candidate’s eligibility for employment. Having adverse information, including a judgment, lien or bankruptcy does not automatically preclude a candidate’s eligibility for employment. Employment credit reports will be used as follows: 41
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