Section 69 - Founded - Fraud - Public servant provided falsified second language evaluation results to be appointed

Section 69 ─ Founded ─ Fraud ─ Public servant provided falsified second language evaluation results to be appointed

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 a public servant committed fraud in an internal appointment process by submitting a falsified second language evaluation results form as proof of their proficiency in their second official language.

Conclusions: The investigation concluded that the public servant committed fraud when they submitted falsified second language evaluation results during an appointment process to secure an appointment to an executive-level position.

Facts: A federal organization launched an advertised appointment process to fill executive-level positions. Second language proficiency at the CBC level was required. The public servant submitted their second language evaluation results form showing results at the CBC level. These results were used to determine that the public servant met the language requirements of the positions to be filled. The public servant was appointed to an advertised position as a result of this appointment process.

Several years later, the organization contacted the Public Service Commission (the Commission) to confirm whether the public servant’s second official language proficiency had been assessed in recent years. The Commission checked in its system, but could not validate the results that the public servant had submitted during the appointment process. The Commission examined the results form submitted by the public servant and determined that one of the test codes on the form was incorrect. Therefore, it opened an investigation.

During the Commission’s investigation, the public servant claimed that the second language evaluation results form that they submitted during the appointment process was authentic. However, the gathered evidence did not support this claim. Rather, the evidence demonstrated that the public servant knowingly submitted a falsified second language evaluation results form to support their candidacy for an executive-level position. 

Corrective action:

Following the conclusion of fraud, the Commission ordered that:

• the appointment of the public servant be revoked, and that further to this revocation, the public servant no longer be employed in the federal public service
• for a 5-year period, the individual must request written approval from the Commission before accepting any position or employment in the federal public service
• failure to do so will result in the appointment being revoked
• for a 5-year period, the individual will inform the Commission of all casual employment
• otherwise, the Commission will advise the deputy head of the fraud committed by providing them with a copy of the investigation report and the record of decision