����AV

In all the circumstances, the Respondent failed to prove by clear and convincing evidence the basis for the finding of misconduct that led to the Applicant’s dismissal.   There was no clear and convincing evidence of any factual basis for a finding that the Applicant committed the actions as alleged. The Tribunal found that due process was observed. However, the failure to interview appropriate witnesses adversely detracted from the standard of proof of misconduct achieved by the Respondent. That standard did not reach the level of a clear and convincing case. Of the remedies sought by the Applicant, only her claim for recission of the dismissal decision and clearing of her record are applicable within the Organization’s Internal Justice System. Accordingly, the Applicant will be granted the relief of recission of the decision or compensation in lieu thereof pursuant to arts. 10.5(a) and (b) of the UNDT Statute. The decision to impose the sanction of dismissal from service on the Applicant was rescinded. The Tribunal held that the evident unfairness of the termination in this case jusitified payment of the maximum compensation in lieu equivalent of two years' net base salary. The Respondent was ordered to remove the sanction letter and all references to it from the Applicant's Official Status File.