Burden of proof
Disciplinary
Disciplinary matters / misconduct
Disciplinary measure or sanction
Dismissal/separation
Facts (establishment of) / evidence
Fraud, misrepresentation and false certification
Investigation (see category: Investigation)
Investigation
Fact-finding investigation
Standard of proof
Disciplinary cases
Termination (of appointment)
Disciplinary sanction
The staff member appealed to UNAT arguing inter alia that there was no clear and convincing evidence in the record showing that he was aware that he was the subject of an investigation at the time he applied to the UNICEF job. UNAT determined that the letter from the IOM Legal Counsel (an authorized representative of an agency within the United Nations System) enjoyed the status of an “official act” and as such carried with it “the presumption of regularity”. The Tribunal found that once this evidence had been adduced, it was incumbent upon the staff member to rebut it, which he failed to do...