Judgment No. 1070
Decision
THE COMPLAINT IS DISMISSED.
Consideration 5
Extract:
The complainant was dismissed under ITU Staff Rule 10.1.1a) for having claimed and accepting reimbursement for treatment whose costs had already been met by other schemes. He alleges denial of his right to a hearing and his right to see the case records. "The Tribunal is satisfied that he had ample opportunity to find out exactly what the serious charges against him were and to state his case at each point in the proceedings."
Reference(s)
Organization rules reference: ITU STAFF RULE 10.1.1A)
Keywords
disclosure of evidence; right to reply; termination of employment; serious misconduct; conduct
Consideration 7, Summary
Extract:
The complainant submitted a claim for medical expenses incurred by his former wife which another insurance scheme had already met. He submits that he bore no responsibility for the error and acted in good faith. The Tribunal holds that as he knew that his former wife was covered under another health scheme he should have made sure that it had not previously refunded her expenses. The complainant's "conduct argues, to say the least, a degree of laxity quite inadmissible in an international civil servant in that he wilfully ran a substantial and unreasonable risk, the foreseeable outcome being the defrauding of the fund. He has only himself to blame for the consequences of his own oversight."
Keywords
complainant; misrepresentation; good faith; negligence; serious misconduct; insurance; staff member's duties; fitness for international civil service; request by a party; medical expenses; health insurance
Consideration 7, Summary
Extract:
Under Article 2.7(1) of the ILO/ITU Staff Health Insurance Fund Regulations claimants must supply a statement, together with supporting documents, listing any benefits received or to be received from another health scheme in respect of each claim made. The complainant submitted a claim for his ex-wife's medical bills, which had already been reimbursed by another health scheme. "In filing such a statement the complainant had a duty to make sure that the 'supporting documents' were genuine and he could not shirk it by shifting responsibility to his former wife and professing his own ignorance and good faith."
Reference(s)
Organization rules reference: ARTICLE 2.7(1) OF THE ILO/ITU STAFF HEALTH INSURANCE FUND REGULATIONS
Keywords
liability; misrepresentation; good faith; accumulation; dependant; insurance; request by a party; medical expenses; health insurance
Consideration 7
Extract:
The complainant was dismissed for having got the ILO/ITU Health Fund to reimburse medical costs incurred by his former wife when another health scheme had already met them. "It is irrelevant to his plea of good faith that he has instigated criminal proceedings against her in the French courts on the grounds of fraud, though he might cite her conviction, if she were found guilty of the charges, as a new fact warranting review."
Keywords
judgment of the tribunal; evidence; good faith; municipal court; dependant; termination of employment; misconduct; request by a party; medical expenses; health insurance
Consideration 9
Extract:
"A sanction out of proportion to the subjective and objective nature of the offence must be quashed because it is flawed with a mistake of law." As the complainant was guilty of defrauding the ILO/ITU Health Fund, his dismissal was not a sanction out of proportion to the offence.
Keywords
proportionality; termination of employment; misconduct; serious misconduct; disciplinary measure
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