The UNDT found that the decision to summarily dismiss the Applicant was wrongful. Assault: A charge of assault is a criminal charge and it was not within UNICEF competence to investigate a criminal offence or a tort alleged to have been committed. Identification of staff members: The Tribunal took judicial notice of the fact that when an international staff member finds him or herself facing an imminent threat of physical harm or is placed in some other peculiar position especially in a foreign country, it is reasonable to identify oneself as a UN Staff Member. Sexual harassment: It is unusual...
Rule 1.1
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9.8(c)
1
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Annex I
6
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Annex II
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Annex III
2
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Appendix B
1
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Appendix C
1
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Appendix D
46
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Article 3.9(g)
1
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Article 4.17(b)
1
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Chapter IV
1
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Chapter X
3
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Chapter XI
6
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Disposition 9.6(c)(iii)
0
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Provisional Rule 11.1
1
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Rule 1
2
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Rule 1.1
2
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Rule 1.1(c)
2
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Rule 1.1(j)
1
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Rule 1.2
29
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Rule 1.2(a)
12
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Rule 1.2(b)
26
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Rule 1.2(c)
28
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Rule 1.2(d)
1
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Rule 1.2(e)
21
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Rule 1.2(f)
51
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Rule 1.2(g)
11
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Rule 1.2(h)
1
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Rule 1.2(i)
4
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Rule 1.2(j)
1
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Rule 1.2(k)
4
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Rule 1.2(p)
2
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Rule 1.2(q)
11
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Rule 1.2(r)
1
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Rule 1.2(s)
1
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Rule 1.2(t)
4
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Rule 1.3
5
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Rule 1.3(a)
1
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Rule 1.5
3
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Rule 1.5(a)
11
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Rule 1.5(c)
1
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Rule 1.6
0
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Rule 1.7
4
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Rule 1.9
1
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Rule 10
2
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Rule 10.1
28
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Rule 10.1(a)
45
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Rule 10.1(b)
3
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Rule 10.1(c)
10
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Rule 10.2
37
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Rule 10.2(a)
26
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Rule 10.2(a)(i)
8
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Rule 10.2(a)(ii)
6
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Rule 10.2(a)(ix)
13
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Rule 10.2(a)(v)
4
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Rule 10.2(a)(vii)
3
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Rule 10.2(a)(viii)
36
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Rule 10.2(b)
10
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Rule 10.2(b)(i-iii)
1
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Rule 10.2(b)(i)
3
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Rule 10.2(b)(iii)
3
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Rule 10.2(c)
4
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Rule 10.2(vii)
1
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Rule 10.3
23
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Rule 10.3(a)
18
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Rule 10.3(b)
41
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Rule 10.3(c)
4
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Rule 10.4
27
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Rule 10.4(a)
4
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Rule 10.5
4
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Rule 101.1
2
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Rule 101.2
2
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Rule 101.2(b)
1
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Rule 101.2(c)
1
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Rule 101.2(d)
2
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Rule 101.2(p)
1
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Rule 101.3
6
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Rule 101.3(a)
1
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Rule 103.12
1
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Rule 103.15
1
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Rule 103.20(b)
1
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Rule 104.11
1
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Rule 104.12
4
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Rule 104.12(b)(ii)
1
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Rule 104.12(b)(iii)
5
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Rule 104.12(c)
1
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Rule 104.13
11
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Rule 104.14
1
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Rule 104.14(a)(ii)
1
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Rule 104.15
1
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Rule 104.15(b)(ii)
1
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Rule 104.3
3
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Rule 104.3(a)
1
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Rule 104.3(b)
1
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Rule 104.7
1
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Rule 104.7(c)
1
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Rule 104.8
1
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Rule 105.1(c)
1
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Rule 105.2
3
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Rule 105.2(a)
2
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Rule 105.3
1
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Rule 107.20(i)
1
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Rule 107.9
1
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Rule 108.1
1
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Rule 109.1(c)
5
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Rule 109.1(c)(i)
1
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Rule 109.3
2
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Rule 109.4(d)
1
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Rule 109.7
1
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Rule 109.7(a)
1
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Rule 11
4
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Rule 11.1
6
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Rule 11.1(a)
2
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Rule 11.1(c)
3
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Rule 11.2
171
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Rule 11.2 (c)
36
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Rule 11.2 (d)
6
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Rule 11.2(a)
157
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Rule 11.2(b)
63
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Rule 11.2(c)
166
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Rule 11.2(d)
14
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Rule 11.3
4
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Rule 11.3(b)(i)
2
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Rule 11.3(c)
1
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Rule 11.3(ii)
1
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Rule 11.4
40
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Rule 11.4(a)
26
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Rule 11.4(b)
7
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Rule 11.4(c)
3
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Rule 11.4(d)
4
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Rule 11.4(g)
2
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Rule 11.5(d)
1
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Rule 110.1
7
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Rule 110.2
3
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Rule 110.2(a)
1
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Rule 110.3
6
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Rule 110.4
7
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Rule 110.4(b)
1
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Rule 110.4(b)(i)
1
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Rule 110.7(b)
1
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Rule 110.7(d)
1
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Rule 111.1
2
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Rule 111.2.2
1
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Rule 111.2(a)
9
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Rule 111.2(a)(i)
2
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Rule 111.2(f)
2
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Rule 112.2(b)
2
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Rule 112.3
1
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Rule 12.3
6
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Rule 12.3(b)
22
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Rule 13.1
20
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Rule 13.1(a)
4
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Rule 13.1(c)
1
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Rule 13.1(d)
17
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Rule 13.1(e)
3
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Rule 13.1(f)
1
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Rule 13.11
1
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Rule 13.2
1
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Rule 13.4
5
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Rule 14
1
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Rule 14(b)(ii)
1
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Rule 17
2
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Rule 2.1
8
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Rule 204.2
1
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Rule 3.1
5
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Rule 3.1(b)
1
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Rule 3.10
10
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Rule 3.10(a)
4
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Rule 3.10(b)
6
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Rule 3.11(a)
10
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Rule 3.13
4
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Rule 3.14
2
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Rule 3.14(a)
1
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Rule 3.15
3
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Rule 3.15(ii)
1
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Rule 3.16
3
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Rule 3.17
4
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Rule 3.17(c)
1
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Rule 3.17(ii)
5
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Rule 3.18
5
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Rule 3.18(a)
1
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Rule 3.18(b)
1
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Rule 3.18(c)
4
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Rule 3.18(c)(ii)
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Rule 3.18(c)(iii)
2
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Rule 3.18(e)
1
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Rule 3.19
1
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Rule 3.19(a)
2
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Rule 3.19(g)
2
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Rule 3.2(g)
0
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Rule 3.3(a)
2
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Rule 3.4
1
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Rule 3.4(a)
2
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Rule 3.4(e)
1
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Rule 3.5
1
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Rule 3.6
3
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Rule 3.6(a)
2
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Rule 3.6(a)(iv)
1
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Rule 3.6(b)
1
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Rule 3.6(d)
1
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Rule 3.7
2
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Rule 3.7(c)
1
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Rule 3.9
10
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Rule 3.9(b)
1
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Rule 301
1
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Rule 301.3(i)
1
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Rule 304.4
2
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Rule 309.3
1
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Rule 309.4
1
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Rule 4
1
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Rule 4.1
8
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Rule 4.12
15
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Rule 4.12(a)
3
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Rule 4.12(b)
1
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Rule 4.12(c)
7
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Rule 4.12(c)
0
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Rule 4.13
20
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Rule 4.13(a)
3
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Rule 4.13(b)
3
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Rule 4.13(c)
61
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Rule 4.14
4
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Rule 4.14 (b)
1
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Rule 4.14(b)
7
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Rule 4.15
5
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Rule 4.16
5
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Rule 4.16
0
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Rule 4.16
0
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Rule 4.16(b)(i)
1
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Rule 4.16(b)(ii)
2
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Rule 4.17
15
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Rule 4.17(c)
1
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Rule 4.18
10
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Rule 4.18(a)
1
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Rule 4.18(c)
1
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Rule 4.19
1
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Rule 4.2
4
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Rule 4.3
5
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Rule 4.4
3
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Rule 4.4(a)
3
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Rule 4.4(b)
3
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Rule 4.5
6
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Rule 4.5(a)
1
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Rule 4.5(b)
1
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Rule 4.5(c)
7
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Rule 4.5(d)
1
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Rule 4.6
1
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Rule 4.7
6
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Rule 4.7(a)
3
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Rule 4.8
16
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Rule 4.8(b)
1
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Rule 4.9(a)
2
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Rule 5.1(e)(ii)
5
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Rule 5.2
7
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Rule 5.2(c)
1
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Rule 5.3
9
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Rule 5.3(c)
1
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Rule 5.3(e)
1
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Rule 5.3(f)
7
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Rule 5.3(ii)
1
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Rule 6.1
2
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Rule 6.2
21
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Rule 6.2(a)
3
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Rule 6.2(b)
1
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Rule 6.2(b)(ii)
2
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Rule 6.2(f)
4
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Rule 6.2(g)
2
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Rule 6.2(j)
2
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Rule 6.2(k)
2
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Rule 6.2(k)(iii)
2
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Rule 6.29b)(i)
0
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Rule 6.3(a)
3
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Rule 6.4
1
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Rule 6.5
5
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Rule 6.6
5
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Rule 7
1
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Rule 7.1
7
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Rule 7.1(a)
2
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Rule 7.1(a)(iv)
1
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Rule 7.1(b)
1
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Rule 7.10
4
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Rule 7.14
2
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Rule 7.14(d)
1
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Rule 7.15
5
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Rule 7.15(h)
1
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Rule 7.16
1
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Rule 7.2
1
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Rule 7.4
2
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Rule 7.6
1
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Rule 8.1
8
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Rule 8.1(a)
1
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Rule 8.1(f)
11
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Rule 8.2
1
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Rule 9
2
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Rule 9.1
6
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Rule 9.1(a)
1
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Rule 9.11
9
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Rule 9.11 (a) (vii)
0
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Rule 9.12
4
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Rule 9.2
2
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Rule 9.2(a)
1
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Rule 9.2(b)
1
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Rule 9.2(c)
1
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Rule 9.3
6
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Rule 9.3(a)(i)
2
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Rule 9.3(c)(i)
2
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Rule 9.4
39
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Rule 9.5
1
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Rule 9.6
40
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Rule 9.6
1
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Rule 9.6 (c)(i)
1
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Rule 9.6.(b)
1
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Rule 9.6(a)
17
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Rule 9.6(b)
14
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Rule 9.6(c)
12
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Rule 9.6(c)(i)
8
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Rule 9.6(c)(ii)
7
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Rule 9.6(c)(iii)
1
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Rule 9.6(c)(v)
1
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Rule 9.6(e)
53
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Rule 9.6(f)
14
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Rule 9.6(g)
3
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Rule 9.6(h)
1
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Rule 9.6(i)
1
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Rule 9.7
12
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Rule 9.7(a)
1
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Rule 9.7(b)
1
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Rule 9.7(d)
3
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Rule 9.8
9
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Rule 9.8(a)
4
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Rule 9.9
7
Showing 1 - 2 of 2
Disciplinary matters / misconduct
Abuse of authority
Dismissal/separation
Harassment (non-sexual)
Retaliation
Sexual harassment
Termination (of appointment)
Disciplinary matters / misconduct
Dismissal/separation
Performance management
Termination (of appointment)
The parties agreed that the facts were not contested and that the issue for the Tribunal’s consideration was whether the disciplinary measure of separation from service with compensation in lieu of notice and without termination indemnities was proportionate to the Applicant’s conduct. Taking the mitigation circumstances into consideration, the UNDT found that the sanction was not proportionate to the facts and substituted it for the lesser sanction of separation from service with termination indemnities. The Tribunal agrees with the facts that the Applicant’s conduct was improper and that she...