740 Fraud as a form of misconduct

Table of Contents

1.     What does fraud mean?

2.     The validity and reasonableness of the rule

3.     The elements of fraud

4.     The misrepresentation

5.     The misrepresentation was unlawful

6.     The misrepresentation was intentional

7.     The misrepresentation caused prejudice

8.     The appropriate sanction

9.     Defences

Context: This article is one in a series dealing with the forms of misconduct which are regarded as series enough to warrant dismissal.

Content:  The article begins by explaining what fraud means, then sets out the elements which the employer needs to prove and corresponding defences which are then examined in detail and with reference to case law