UNDT/NBI/2016/015

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An assault on a co-worker in connection with work constitutes misconduct, no matter the type of contract or appointment. The direct evidence from written statements, confirmed by strong circumstantial evidence adduced both in the investigation and at the hearing, taken cumulatively constitute a clear and convincing concatenation of evidence establishing, with a high degree of probability, that the alleged misconduct in fact occurred. In the Applicant’s case, whereas the Tribunal would not be inclined to rely heavily on “character witnesses” heard rather selectively, the mere fact that the...