Dismissal/separation
Facts (establishment of) / evidence
Inappropriate or disruptive behaviour
Proportionality of sanction
Discretionary authority
Right to a hearing
Due process
Oral hearings
Disciplinary cases
Disciplinary cases
Disciplinary matters / misconduct
Due process
Investigation
Procedure (first instance and UNAT)
Standard of proof
Standard of review (judicial)
The UNAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.
The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.
The UNAT agreed with the UNDT that the lawfulness of the...