Burden of proof
Disciplinary
Compensation
Duty of mitigation
In-lieu compensation
Maximum amount / exceptional circumstances
Non-pecuniary (moral) damages
Pecuniary (material) damages
Disciplinary matters / misconduct
Dismissal/separation
Sexual exploitation and abuse
Investigation
Fact-finding investigation
Jurisdiction / receivability (UNDT or first instance)
Management Evaluation
Management Evaluation
Remedies
Rescission
Separation from service
Termination of appointment (see also, Termination of appointment)
Standard of proof
Disciplinary cases
UNAT dismissed the Secretary-General’s appeal and granted the staff member’s cross-appeal, in part. UNAT found that the UNDT properly took into account several facts that were relevant in determining whether there had been sexual exploitation and abuse of vulnerability or trust. The Tribunal reasoned the burden on the Administration was to show on clear and convincing evidence that the staff member’s conduct fell in one of the following five categories: (i) he abused a position of vulnerability for sexual purposes; (ii) he abused a position of differential power for sexual purposes; (iii) he...