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Fraud (652,-666)

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Keywords: Fraud
Total judgments found: 6

  • Judgment 3964


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to impose on him the disciplinary measure of dismissal for serious misconduct.

    Judgment keywords

    Keywords:

    disciplinary measure; disciplinary procedure; fraud; termination;

    Consideration 10

    Extract:

    In cases of found misconduct based on allegations of fraud resulting in dismissal, the Tribunal has adopted the approach, in order to determine whether a finding of guilt beyond a reasonable doubt could have been made, that it “will not require absolute proof, which is almost impossible to provide on such a matter [involving allegations of fraud or similar conduct]. It will dismiss the complaint if there is a set of precise and concurring presumptions of the complainant’s guilt” (Judgment 3297, consideration 8, and, also more recently, Judgment 3757, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 3297, 3757

    Keywords:

    fraud; misconduct; standard of proof; termination;



  • Judgment 3953


    125th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to impose upon her the disciplinary measure of downgrading and to recover from her undue payments through monthly deductions from her salary.

    Consideration 14

    Extract:

    Regarding the severity of the imposed sanction, the Tribunal recalls that, according to a long line of precedent the decision-making authority has discretion in determining the severity of a sanction to be applied to a staff member whose misconduct has been established. However, as stated in Judgment 3640, under 29 and 31, that discretion must be exercised in observance of the rule of law, particularly the principle of proportionality. In the present case, the complainant’s downgrading was not disproportionate to her misconduct. The complainant took financial advantage from the contested unlawful conduct with which she was charged and which was established. This is a serious breach of the duty of honesty incumbent on international civil servants and her state of health has no bearing on the merits of the impugned decision. In light of the above considerations, the complaint must be dismissed.

    Reference(s)

    ILOAT Judgment(s): 3640

    Keywords:

    disciplinary measure; downgrading; fraud; proportionality;



  • Judgment 3944


    125th Session, 2018
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss him following disciplinary proceedings.

    Consideration 12

    Extract:

    The disciplinary authority within an international organisation has a discretion to choose the disciplinary measure imposed on an official for misconduct. However, its decision must always respect the principle of proportionality which applies in this area (see Judgment 3640, under 29). In this case, the Tribunal finds that the complainant engaged in repeated fraudulent practices over several months. In view of the serious nature of the acts committed by the complainant, his dismissal cannot be deemed disproportionate, notwithstanding the various factors which he puts forward for consideration. This plea will therefore be dismissed.

    Reference(s)

    ILOAT Judgment(s): 3640

    Keywords:

    disciplinary measure; fraud; proportionality;

    Judgment keywords

    Keywords:

    disciplinary measure; disciplinary procedure; fraud; termination;



  • Judgment 3402


    119th Session, 2015
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.

    Consideration 9

    Extract:

    "[F]raud depends on an intention to obtain financial advantage by deception."

    Keywords:

    fraud;

    Judgment keywords

    Keywords:

    fraud; termination;

    Consideration 7

    Extract:

    "[T]he complainant lodged two [Travel Expense Claims] that deliberately misstated the facts, and thereby failed to disclose the fact, that the cost of his travel [...] was effectively being paid twice by the FAO [...]. The obvious inference is that he was deliberately doing so to gain a financial benefit. This is fraud."

    Keywords:

    fraud; travel expenses;



  • Judgment 3348


    118th Session, 2014
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully impugns the decision to summarily dismiss him for misconduct (fraud).

    Consideration 7

    Extract:

    "In his rejoinder, the complainant addresses the question of what is meant by fraud. He contends that the standard definition of fraud is: wrongful or criminal deception intended to result in financial or personal gain; or a person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities. WMO takes issue with this definition and refers to a definition of fraud from the Black’s Law Dictionary: “A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment. Fraud is usually a tort but in some cases (especially where the conduct is wilful) it may be a crime.” In Judgment 1828, considerations 10-12, which has been cited in Judgments 1925, consideration 6, and 2038, consideration 16, fraud is treated as deception intended to result in financial gain. What is important, for present purposes, is that the charges themselves link the complainant’s conduct of manipulating the records with him obtaining a financial benefit. This involves an allegation of fraud involving deception to secure financial gain and in the remainder of these reasons, the word fraud is used with this meaning."

    Reference(s)

    ILOAT Judgment(s): 1828, 1925, 2038

    Keywords:

    definition; fraud;



  • Judgment 3227


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to impose a disciplinary measure on him for having falsified his productivity figures.

    Judgment keywords

    Keywords:

    disciplinary measure; fraud;


 
Last updated: 19.09.2019 ^ top