In-lieu compensation
Disciplinary measure or sanction
Due process
Separation from service
Judicial review (general)
Disciplinary sanction
Compensation
Disciplinary matters / misconduct
Investigation
Standard of review (judicial)
Termination (of appointment)
The Tribunal found that the Respondent was not able to demonstrate that the facts on which the disciplinary measure was based were established by clear and convincing evidence, as otherwise required by the Appeals Tribunal in its jurisprudence.
Having found that the facts on which the disciplinary measure was based had not been established by clear and convincing evidence, the Tribunal also found that there was no established misconduct by the Applicant.
Given the finding of absence of misconduct by the Applicant, the Tribunal also rescinded the sanction imposed on him.