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Oct-27-2020

The Judiciary confirms the dismissal of three workers dismissed for fraud

Meanwhile, the Public Ministry began a preliminary investigation of workers denounced for misusing travel allowances.
The Judiciary confirms the dismissal of three workers dismissed for fraud

Judge Elder Luján Segura, head of the Sixth Temporary Labor Court of Piura, declared unfounded the claims for reinstatement filed by Juan Vicente Rázuri Rodríguez and Julio Javier Rodríguez Ordinola, workers dismissed from PETROPERU for systematic fraud to the detriment of the state company, to obtain Travel expenses and economic benefits illegally.

Through the respective judgments issued on September 4 and October 15, the Judicial Power confirmed the reason for PETROPERU and the legality of the dismissals that occurred in December of last year, as part of the actions to fight corruption, the which are aligned with the Integrity System and the State's Anticorruption Policy.

These two cases are not the only ones in which the Judiciary supports the actions taken by the state company in its fight against corruption. On July 9, the Pariñas-Talara Transitory Labor Court, headed by Judge José Vicente Chiroque Aponte, definitively rejected the request for replacement presented by Rosendo Vilela Saavedra.

In the judgment, and as in the other two cases mentioned above, it was determined that the request for replacement presented by Vilela Saavedra was not admissible, since it was demonstrated that, in his surrender of travel expenses, there were inconsistencies, adulteration and falsification of documents make the company believe that the convicted person had incurred non-existent expenses and thus appropriate the difference in money.

As it is recalled, at the end of last year, PETROPERU made public the results of an internal investigation process that discovered this modus operandi, and that culminated in the dismissal of 24 workers and the criminal complaint of 36 workers and former workers engaged in illegal acts to benefit from the collection of travel expenses and benefits illegally.

The position used by Rázuri, Rodríguez and Vilela and rejected by the courts is similar to that indicated by the other dismissed workers, who have also sued PETROPERU, demanding his reinstatement and compensation for alleged irregular dismissal, however, the state company has supported , in each case, the evidence that gave rise to these drastic measures implemented as part of their fight against corruption.

Unfavorable processes

For her part, Judge Jessica Elizabeth Negro Balarezo, head of the Fifth Temporary Labor Court of Piura, despite the forcefulness of the Company's evidence, has declared the replacement claim filed by Hildebrando Cabellos Valiente well founded. Judge Pedro Chira Tello, head of the First Labor Court of Piura, has proceeded in the same way when declaring the request for replacement of Carlos Oswaldo Sánchez Rodríguez founded.

PETROPERU has appealed the ruling of Cabellos Valiente because it considers that there are sufficient arguments that demonstrate the misuse that the former employee made of the per diem granted by the Company. In the same way, it will proceed in the case of former employee Sánchez Rodríguez.

Penal process

In response to the criminal complaint filed by PETROPERU, the First Provincial Criminal Corporate Prosecutor's Office of Talara has issued Provision No. 01-2020, through which it initiates an investigation at the tax office level to carry out preliminary proceedings against a group of workers who misused travel expenses and who have been denounced by the state company for the alleged commission of the crime against property in the form of illicit appropriation and against public faith in the form of ideological falsehood.