Proportionality of sanction
Discretionary authority
Subject matter (ratione materiae)
Confidentiality
Disciplinary cases
Disciplinary matters / misconduct
Jurisdiction / receivability (UNAT)
Procedure (first instance and UNAT)
Standard of review (judicial)
The UNAT considered an appeal by the staff member.
The UNAT found that because of a combination of the staff member鈥檚 failure to recall the events in question and of the UNDT鈥檚 decision (concurred in by the parties) not to hold an in-person hearing, the UNDT had appropriately referred to the investigation report.
The UNAT was of the view that the UNDT had correctly determined the staff member鈥檚 acts were sexual in nature. The staff member had, without invitation, encouragement or consent, embraced two different women in a sexual manner at a party at a staff retreat. The UNAT held that the...