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The Tribunal concluded that there were procedural violations that rendered the investigation and the contested decision unlawful. The Tribunal ordered rescission of the decision or compensation of six months’ net base salary in lieu of rescission. Due process and procedural fairness: The Tribunal concluded that the investigation into the allegations of sexual harassment and the subsequent disciplinary process were in breach of the procedures required by ST/SGB/2008/5 and the IGO Guidelines for Conducting Investigations and that these procedural errors were sufficiently grave to render the disciplinary process null and void. Establishment of facts by clear and convincing evidence: The Tribunal concluded that the Respondent failed to identify the facts upon which the Administration based the contested decision. Additionally, the Tribunal concluded that the preponderance of the evidence was obtained in breach of ST/SGB/2008/5 and the IGO Guidelines and therefore the facts were not established to a clear and convincing standard. Whether the established facts amounted to misconduct: The Tribunal concluded that the Respondent failed to prove to the required standard that the Applicant’s behaviour amounted to misconduct by sexual harassment in that there was no evidence that the Investigator or decision maker reached any conclusions on the elements that the behavior might reasonably be expected to cause offence or humiliation to another and that the behavior interfered with work, was made a condition of employment or created an intimidating, hostile or offensive work environment.