Assault (verbal and physical)
Disciplinary measure or sanction
Dismissal/separation
Facts (establishment of) / evidence
Credibility assessment
Due process
Disciplinary cases
Separation from service
Disciplinary matters / misconduct
Evidence
Investigation
Standard of proof
The UNAT held that the UNDT did not err in concluding that there was clear and convincing evidence that the Appellant physically assaulted another staff member and that the disciplinary measure of separation from service, with compensation in lieu of notice and without termination indemnity, was proportionate to the nature and gravity of the Appellant’s misconduct. Importantly, the Appellant did not establish a degree of provocation that mitigated her retaliation which was also excessive and beyond the bounds of any permissible defense in the altercation.
The findings of the UNDT that the...