UNDT/2017/021, Kamugisha
Termination for misconduct vs. termination for facts anterior: Termination on the basis of staff regulation 9.3(a)(v) and staff rule 9.6(c)(v) is not to be confused with a measure involving separation as a result of disciplinary proceedings, including in cases where the facts in question could have constituted misconduct. Neither the procedure, nor the standard of proof is to be transposed from one to the other. Regarding in particular the standard of proof applicable to “facts anterior”, in the absence of a clear applicable legal norm or ruling of the Appeals Tribunal, it may not be assumed...