Posts in Category Law

by Heinrich Böhmke

Exploiting Dishonour Among Thieves: Accomplice Plea Agreements

When senior managers steal they typically do so knowing the company’s systems back to front. They know which accounts can be skimmed and which assets taken. Seniority also provides insight into how their actions may be covered up. Managers understand what transactions trigger audits and where holes exist in record-keeping. If the company monitors email or the cameras down the back fire-escape no longer work – they are often in the loop on that. The law reports are replete with managers misappropriating monies, stealing equipment, misusing vehicles, copying sensitive data and paying inflated invoices. Kimberly recently hosted an intricate scheme where a trusted senior manager defeated all manner of...
By Heinrich Bohmke | February 20, 2017 | Law

Evaluating the Credibility of a Source: Consistency as a False Positive

In December 2014, Sean Woods received the call editors dread the most. A Rolling Stone reporter told him she no longer stood by her story of a horrible rape supposedly committed by frat boys at the University of Virginia. The feature, published a few weeks earlier, broke readership records at the iconic magazine. It caused a national uproar. It is not hard to see why. The story recounts the dramatic allegations of a young woman, lured by her date to a fraternity house, there to be gang-raped on broken glass by seven initiates. The line the story took was that the victim’s experience was emblematic of a ‘culture’ female...
By Heinrich Bohmke | April 24, 2015 | Law

Limits to managerial prerogative

You are a union organiser preparing for a strike at a tyre manufacturer.  The dispute concerns shift patterns, which the employer has unilaterally changed.  Although the total number of hours worked each week remains the same, the difference between the old and new shift patterns is significant.  Workers who never worked weekends must now do Saturday and Sunday shifts every so often.  The beneficial, four-day long weekend that came up during the old shift cycle is also gone.  The way workers have run their lives for years is overturned.  Church, sport and the long-weekend visits of many to their family in the rural areas are disrupted.    They are angry....
By Heinrich Bohmke | April 25, 2013 | Law

Driven to drink

Heinrich Böhmke, Originally posted in HRFuture The festive season has come and gone and it’s back to work for those who have a job in the delicate 2009 labour market.  For employees in the service industry – the smiling waitrons, tour-guides and shop-assistants – December has been all about work. The lady who gave me my Christmas haircut said it is her busiest month. She put in punishing overtime and hardly got any sleep. This was clear in her bleary eyes and distracted manner. I sat very still when she brought out the razor for my side-burns. There are other employees for whom exacting overtime regimens are not seasonal...
By Heinrich Bohmke | April 20, 2013 | Law


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