Disciplinary matters / misconduct
Disciplinary measure or sanction
Facts (establishment of) / evidence
UNAT considered an appeal by the Secretary-General and a cross-appeal by Mr. Nyawa. UNAT held that there was clear and convincing evidence that Mr. Nyawa committed the disciplinary offenses attributed to him. UNAT held that the established facts amounted to misconduct on the part of Mr. Nyawa. UNAT disagreed with UNDT that a written censure was subsumed by the sanction of deferment for eligibility for promotion, however, UNAT found that UNDT鈥檚 holding that the deferment for eligibility for promotion was sufficient sanction was not a manifestly unreasonable decision warranting UNAT intervention...