Burden of proof
Evidence of harm
Non-pecuniary (moral) damages
Pecuniary (material) damages
Breach of duties of independence, neutrality, and impartiality
Dismissal/separation
Inappropriate or disruptive behaviour
Proportionality of sanction
Disciplinary cases
Discretionary authority
Compensation
Disciplinary matters / misconduct
Standard of review (judicial)
With respect to the Secretary-General's appeal of the UNDT finding that misconduct under Count 2 was not established, the UNAT held that the UNDT did not err in fact, resulting in a manifestly unreasonable decision. Messages sent by the staff member to his neighbour were suggestions and statements to a person who was not a witness at the time. The staff member was not under and did not suspect he would likely be under an investigation at the time he sent the messages. The neighbour found them appropriate and did not feel “influenced” by them.
The UNAT also denied the Secretary-General’s...