Disciplinary measure or sanction
Facts (establishment of) / evidence
Fraud, misrepresentation and false certification
Sexual exploitation and abuse
Due process
Audio-recordings
Corroboration/hearsay
Admissibility of evidence
Judicial review (general)
Standard of proof
Disciplinary matters / misconduct
Evidence
Procedure (first instance and UNAT)
Standard of review (judicial)
The UNAT held that the staff member was responsible for having agreed that the UNDT should hear no direct evidence from witnesses in person but should decide the matter on the documents submitted. As an inquisitorial and not a solely adversarial tribunal, the UNDT could nevertheless have held a hearing. The UNAT found that the UNDT was entitled to conclude on the complainant’s evidence alone that the staff member had engaged in a sexual relationship with her. Their sexual relationship was employment-related and thereby transactional. The UNDT was entitled to conclude that this was an...