Burden of proof
Disciplinary matters / misconduct
Dismissal/separation
Fraud, misrepresentation and false certification
Investigation
The Tribunal concluded that the established facts did not legally amount to misconduct and that the disciplinary measure imposed on the Applicant was unlawful ab initio and therefore, a violation of her rights. Breadth of judicial review: When reviewing disciplinary matters, the role of the Tribunal is to look at all the facts, including the facts that came up during the investigation. Thus, the Tribunal is entitled to look at the manner in which the investigation was conducted; the facts gathered; the testimony of witnesses and the documentary evidence. ST/AI/371: The Tribunal noted that: (i)...