Misrepresentation (153,-666)

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Keywords: Misrepresentation
Total judgments found: 14

• 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 10

  Extract:

  The complainant filled out and signed the “Declaration concerning rent allowance” on 7 March 2005, thereby assuming the obligations arising from Article 74 of the Service Regulations. The consequent obligation to notify the Office of any changes aimed at guaranteeing the proper use of the rent allowance. Furthermore, with respect to Apt. A, the complainant alleges that in a similar case the EPO acted differently. However, the objection is unfounded. By failing to notify the EPO that the rent she was paying for Apt. A did not only relate to her as from April 2005, when her partner moved into the apartment, although she had certified on 7 March 2005 that she would notify “any changes” immediately, the complainant breached the rules governing the granting of the rent allowance, unjustly benefiting, and, hence, the principle of equality cannot be applied, as there can be no equality in illegality.

  Keywords:

  duty to inform; misrepresentation; staff member's duties;
  

  
  
  

• Judgment 3295

  
  116th Session, 2014
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaint concerning a disciplinary measure was dismissed by the Tribunal on the grounds that he had not demonstrated the existence of an error warranting the cancellation of the sanction.

  Consideration 14

  Extract:

  The complainant claims that the imposition of the disciplinary measure of summary dismissal offends the principle of proportionality. He submits that the Director failed to take into account the mitigating circumstances of his lack of corrupt motive and his previous good record. The complainant makes a number of allegations in support of his claim that his actions were not improperly motivated. It is observed that the assertions are largely attempts to excuse or justify the misconduct. As to his previous good record, it is clear from a reading of the Board of Appeal’s report and, in turn, the Director’s decision that they were cognisant of it and clearly took it into account.

  Keywords:

  misrepresentation;
  

  
  
  

• Judgment 2847

  
  107th Session, 2009
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 19

  Extract:

  The complainant received family allowances paid at the full rate by Eurocontrol in respect of his three children but did not declare to the Agency that his partner was drawing family allowances from the competent national social security authority. According to Article 67(2) of the Staff Regulations, the amount of family allowances that Eurocontrol was paying him should have been reduced by the amount of the family allowances received by his partner. The complainant objects to the fact that the Agency has recovered the amount overpaid from the outset, i.e. over a five-year period, whereas in the opposite case, when the Agency makes a mistake to the detriment of an official, it usually benefits from rules of prescription which enable it greatly to reduce the amounts reimbursed.
  "[A]ccording to the Tribunal's case law, a claim for recovery of undue payment is not imprescriptible and must be brought - even in the absence of any provision in writing to this effect - in reasonable time (see Judgments 53, under 4, and 2565, under 7(c)). However [...] the five-year period concerned by the recovery of the overpayment [...] cannot be regarded in this case as an unreasonable length of time, particularly because the disputed reimbursement arises from concealment on the part of the complainant and because Eurocontrol did not fail to take the necessary steps to recover the sums in question."

  Reference(s)

  Organization rules reference: Article 67(2) of the Staff Regulations governing officials of the Eurocontrol Agency
  ILOAT Judgment(s): 53, 2565
  

  Keywords:

  accumulation; amount; breach; case law; dependent child; difference; domestic law; family allowance; injury; limits; misrepresentation; no provision; organisation's duties; payment; period; rate; reasonable time; recovery of overpayment; request by a party; staff member's duties; staff regulations and rules; time bar;
  

  Consideration 17

  Extract:

  The complainant received family allowances paid at the full rate by Eurocontrol in respect of his three children but did not declare to the Agency that his partner was drawing family allowances from the competent national social security authority. According to Article 67(2) of the Staff Regulations, the amount of family allowances that Eurocontrol was paying him should have been reduced by the amount of the family allowances received by his partner. The complainant had to reimburse the full amount overpaid.
  "The evidence on file shows that the complainant deliberately refrained from declaring to Eurocontrol the family allowances drawn by his partner, although he had been duly informed that, in the Agency's view, they should be deducted from those he was receiving. While it was open to the complainant to challenge - if necessary before the Tribunal - any deductions made by the Agency in calculating the payments, he could not choose of his own accord to evade his duty of disclosure. He must therefore be deemed to have been aware of the unlawfulness of the disputed payments, which was indeed sufficiently obvious for it to be concluded that he could not have been unaware of it."

  Reference(s)

  Organization rules reference: Article 67(2) of the Staff Regulations governing officials of the Eurocontrol Agency
  
  

  Keywords:

  accumulation; amount; breach; dependent child; domestic law; family allowance; flaw; misrepresentation; payment; rate; reckoning; recovery of overpayment; staff member's duties; staff regulations and rules;
  

  
  
  

• Judgment 2757

  
  105th Session, 2008
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "In the context of 'serious misconduct', the question whether a statement was made falsely is not simply whether the statement is true or false. A statement made innocently, which turns out to be false, does not constitute serious misconduct. A statement is made innocently if the person concerned honestly believes on reasonable grounds that the statement is true. Conversely, for the purposes of serious misconduct, a statement is falsely made if it is both untrue and the person concerned did not believe on reasonable grounds that it was true."

  Keywords:

  definition; grounds; intention of parties; judicial review; misrepresentation; serious misconduct;
  

  Consideration 10

  Extract:

  "In determining whether a statement is objectively true or false, it is necessary to have regard to the statement actually made. The same is necessary when deciding whether the person who made the statement believed on reasonable grounds that it was true. In that process, regard must be had to the whole statement, not selected excerpts or [...] a single excerpt."

  Keywords:

  grounds; judicial review; misrepresentation;
  

  Consideration 17

  Extract:

  In the absence of evidence justifying a finding of either falsity [...] or malice, the impugned decision must be set aside, as must the earlier summary dismissal decision. However and because they are relevant to the claim for moral damages, it is necessary to consider two further matters.

  Keywords:

  misrepresentation;
  

  
  
  

• Judgment 2569

  
  102nd Session, 2007
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The vacancy notice of the post the complainant applied for stipulated that nationals of all Member States of CERN - including Switzerland - could apply. She was selected for the post but was dismissed after CERN discovered that in her application form she had stated that she held Swiss nationality whereas she had not yet acquired it. "[W]hile it is true that the fact that the complainant was married to a Swiss national should in principle have enabled her to obtain Swiss nationality under the 'facilitated naturalisation' procedure, it is equally true that at the time she filled out her application form she did not hold Swiss nationality and had not even applied for it. [...] By making a false declaration, the complainant was guilty of misconduct which, when it came to light after her recruitment, was sufficient to invalidate her appointment and to justify the imposition of a disciplinary sanction on the grounds that she fell short of the standards of loyalty and integrity that the Organization is entitled to expect of its staff. Although the complainant maintains that by imposing the disputed sanction the defendant breached the terms of her appointment and the applicable provisions of CERN’s Staff Rules and Regulations, she does not substantiate those allegations in any way, nor does she identify any breach of the rules of procedure followed by the Organization. The complaint must therefore be dismissed."

  Keywords:

  appointment; candidate; competition; date; disciplinary measure; marital status; member state; misconduct; misrepresentation; nationality; organisation; post; reinstatement; safeguard; staff member's duties; termination of employment; vacancy notice;
  

  
  
  

• Judgment 2009

  
  90th Session, 2001
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The complainant was suspended without pay for three months after being accused of making a false declaration and submitting false information to a court of law. The Joint Disciplinary Board found that there was sufficient evidence to prove his wrongdoing. "The Tribunal is satisfied that the Joint Disciplinary Board was entitled, having weighed the evidence, to draw the conclusions it did. It found that the complainant's explanations were not credible and rejected them. Where doubt does not exist, the question of the benefit of the doubt does not arise. So the complainant cannot succeed on the plea that his employer was bound to accept that he had made a mistake. The Board was fully justified in its findings."

  Keywords:

  appraisal of evidence; benefit of doubt; conduct; disciplinary measure; disciplinary procedure; evidence; fitness for international civil service; general principle; misconduct; misrepresentation;
  

  
  
  

• Judgment 1977

  
  89th Session, 2000
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "The complainant's contention that the penalty of dismissal was disproportionate to the offence is wholly without merit. He defrauded his employer of substantial sums of money in circumstances that left no room for doubt that he both knew what he was doing and knew that it was wrong. When his actions came under suspicion, he falsified documents in an attempt to justify himself. His actions fell far below the standards expected of any employee let alone the high standards required of an international civil servant. the penalty of dismissal was amply warranted."

  Keywords:

  conduct; disciplinary measure; fitness for international civil service; misconduct; misrepresentation; proportionality; serious misconduct; termination of employment;
  

  
  
  

• Judgment 1070

  
  70th Session, 1991
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  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; fitness for international civil service; good faith; health insurance; insurance; medical expenses; misrepresentation; negligence; request by a party; serious misconduct; staff member's duties;
  

  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:

  accumulation; dependant; good faith; health insurance; insurance; liability; medical expenses; misrepresentation; request by a party;
  

  
  
  

• Judgment 888

  
  64th Session, 1988
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant was accused of submitting false certificates for sick leave and was dismissed for serious misconduct. He claims to have been unaware that the certificates were false at the time he presented them and that, while awaiting the outcome of the judicial inquiry underway, he should be presumed innocent. The complainant's dismissal was confirmed by the Chief of personnel. That decision was "defective in that it did not reply to the complainant's letter inviting the organization to wait for the outcome of the trial and did not require him to furnish his full defence. It was made without the complainant's having fully exercised his right to be heard." Because it is tainted with a procedural flaw, the decision is quashed and the Tribunal orders the complainant to be reinstated and awarded an amount equivalent to the pay which he lost between the date of dismissal and that of reinstatement.

  Keywords:

  amount; flaw; material damages; medical certificate; misrepresentation; moral injury; procedural flaw; reinstatement; right to reply; serious misconduct; summary dismissal; termination of employment;
  

  
  
  

• Judgment 849

  
  63rd Session, 1987
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "It appears from the evidence as a whole that the Director General's decision was not based on any inability of the complainant to carry out his duties, nor on the unsatisfactory performance by him of those duties, nor on any considerations relating to the necessities of the service or the interests of the organization. It is clear that the Director General's conclusion [...] that the complainant was guilty of serious misconduct constituted the sole and underlying reason for exercising his discretion as he did. The Tribunal has quashed that decision in Judgment 848 and holds that the impugned decision in the present proceedings, based solely on a conclusion which is wrong in law, constitutes an abuse of authority and cannot be allowed to stand."

  Reference(s)

  ILOAT Judgment(s): 848
  

  Keywords:

  abuse of power; contract; fixed-term; grounds; misrepresentation; misuse of authority; nationality; non-renewal of contract; serious misconduct;
  

  
  
  

• Judgment 848

  
  63rd Session, 1987
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The complainant stated on his employment application that he was of Chilean nationality. Learning that he didn't have a Chilean passport, the Director General imposed a written reprimand for serious misconduct. According to the Tribunal, "the Director General's decision that the complainant had not proved his Chilean nationality was based on an error of law and a failure to take essential facts into consideration. Therefore it cannot stand."

  Keywords:

  disciplinary measure; disregard of essential fact; evidence; flaw; misrepresentation; nationality; serious misconduct; warning;
  

  
  
  

• Judgment 542

  
  49th Session, 1982
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Someone who tries to conceal an awkward truth, even with skillful phrasing, may not defend the ruse by accusing the reader of an oversight. The Tribunal [...] holds that the complainant's attitude warranted the [organization's] imposing the penalty provided for in the letter of appointment" (withdrawal of the offer).

  Keywords:

  contract; misrepresentation; offer withdrawn;
  

  Consideration 2

  Extract:

  "The Tribunal holds that it was not wrong to solicit such information [regarding legal convictions]. In technical assistance missions the FAO puts its own reputation at stake, and the mission the complainant was to carry out and the grade he was to hold made it quite reasonable for the organization to ascertain fully not only the applicant's professional competence but also his character."

  Keywords:

  fitness for international civil service; misrepresentation;
  

  Consideration 3

  Extract:

  The penalty imposed was justified, but the complainant's appointment was terminated "without warning of the action that might be taken against him, although it [was] never said that the matter was urgent. The general principle of lawis that an administration may not impose a penalty on anyone before giving him an opportunity to comment on the charges against him".

  Keywords:

  contract; flaw; general principle; misrepresentation; offer withdrawn; procedural flaw; right to reply;
  

  
  
  

• Judgment 540

  
  49th Session, 1982
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Staff Rules impose a duty on the organization to provide a staff member with clear and precise information on all charges of which he is accused. In particular the complainant should have been informed of the period during which the WHO alleges he submitted medical and education grant claims supported by forged or false documents. "It is not difficult to conceive of cases in which such an omission would constitute an irreparable flaw in the procedure laid down". In the particular circumstances of this case, the Tribunal did not find that there had been a breach of the Rules.

  Keywords:

  duty to substantiate decision; education expenses; medical expenses; misrepresentation; refund; request by a party; serious misconduct; termination of employment;
  

  
  
  

• Judgment 210

  
  30th Session, 1973
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The Tribunal holds that the four crucial representations were false; the complainant bore responsibility for the four misrepresentations and they could have had serious consequences for relations between the organization and the government, all of which constitutes misconduct. But the complainant's motives were not corrupt and his previous record was satisfactory. Account should have been taken of attenuating circumstances. Summary dismissal was out of all proportion to the degree of misbehaviour.

  Keywords:

  contract; duty of discretion; fixed-term; misrepresentation; mitigating circumstances; proportionality; serious misconduct; summary dismissal; termination of employment;