Investigation Summary

Section 69 – Founded – Fraud – Cheating – Access to unauthorized material before and during interview

Authority: This investigation was conducted under section 69 of the Public Service Employment Act, S.C. 2003, c.22, ss. 12 and 13.

Issue: The purpose of this investigation was to determine whether fraud was committed in two internal appointment processes. Specifically, the department provided information to the Public Service Commission (PSC) indicating that an employee who applied to two appointment processes might have had unauthorized access to assessment material to prepare for their assessments.

Conclusions: The investigation concluded that the employee committed fraud in the two appointment processes by gaining unauthorized access to assessment material.

Facts: The employee applied to two appointment processes in their unit. Before, during, and after the tests and interviews for these processes, the employee was able to access draft electronic versions of the assessment material from the department’s shared drive. The employee also accessed assessment material from when the two positions in question had been filled in previous years.

The employee denied having accessed the documents, claiming to be absent from work at the time. They presented a medical certificate showing that a physician had approved an extended period of sick leave that included the days on which the assessment material had been accessed. The employee also suggested that someone else might have logged onto their work computer and accessed the documents while the employee was absent. Although the medical certificate was found to be legitimate, the employee’s sick leave records did not show any leave approved by their supervisor on the dates in question. Further, the employee’s access card history, email usage and calendar appointment history revealed that the employee was physically at work and sending emails on those days. The employee did not produce any evidence indicating that another employee had logged onto the employee’s computer, which was password-protected, on the days in question.

Given this evidence, the employee’s claim that they were absent from the office was not credible. The evidence showed, on the balance of probabilities, that the employee was at work and was the one who accessed the assessment material. The evidence also demonstrated that the employee knew that doing so was not permitted. Furthermore, the employee’s actions could have affected the outcome of the appointment processes had the employee been appointed on the basis of assessment results that resulted from having had unauthorized access to assessment material in its draft form or from previous appointment processes.

Corrective action: Following the finding of fraud and administrative action by the Employer, which resulted in the employee’s dismissal, the Commission ordered that:

• For three years, the individual must obtain the written permission of the Commission before accepting any position or work within the federal public service, without which the appointment will be revoked;
• For three years, the individual must notify the Commission of any casual or student work in the federal public service, or a copy of the Investigation Report will be sent to the responsible deputy head to advise them of the fraud committed by the individual; and
• The individual complete a Values and Ethics course and discuss the course with their supervisor, should they return to the federal public service.

Investigation File No.: 15-16-04