Disciplinary matters / misconduct
Disciplinary measure or sanction
Dismissal/separation
Due process
Right to comment/respond
Right to confront complainant
Evidence
Corroboration/hearsay
Evidence of harm
Standard of proof
Termination (of appointment)
Disciplinary sanction
On appeal by the Secretary-General, UNAT found that UNDT erred in fact and in law in its finding that the facts of misconduct were not established by clear and convincing evidence. UNAT noted that a proper consideration of the whole of the evidence could only have led to one conclusion, and that is that the individual assaulted the victim. UNAT found that UNDT did not consider the evidence objectively, specifically by giving misplaced importance to minor inconsistencies, coming to unreasonable conclusions on the facts which were not supported by the evidence, and making speculations instead of...