¹ú²úAV

The Tribunal concluded that the facts on which the sanction was based were established, that the established facts constituted misconduct and that the sanction was proportionate to the offence. Hearings in disciplinary matters: The Tribunal held that it is the duty of the Judge to decide whether the nature of the case is such that a hearing may be dispensed with. The Judge should consider the following factors: (i) the issues raised and their complexity; (ii) the availability and relevance of witnesses; (iii) the stand of the Applicant and that of Respondent; and (iv) the legal issues involved. Authorization by the Secretary-General: The Tribunal held that a staff member who has been granted authorization for outside activities/employment by the Secretary-General does not have a free license. He/she must be careful not to put him/herself in a situation of conflict. If the staff member is found to be in a situation of conflict notwithstanding the authorization of the Secretary-General, the latter would be at liberty to revoke the authorization and even start disciplinary action against that staff member.