Judgment No. 2009
Decision
THE COMPLAINT IS DISMISSED.
Consideration 4
Extract:
The complainant was suspended without pay for three months after being accused of making a false declaration and submitting false information to a court of law. The Joint Disciplinary Board found that there was sufficient evidence to prove his wrongdoing. "The Tribunal is satisfied that the Joint Disciplinary Board was entitled, having weighed the evidence, to draw the conclusions it did. It found that the complainant's explanations were not credible and rejected them. Where doubt does not exist, the question of the benefit of the doubt does not arise. So the complainant cannot succeed on the plea that his employer was bound to accept that he had made a mistake. The Board was fully justified in its findings."
Keywords
evidence; appraisal of evidence; misrepresentation; general principle; benefit of doubt; misconduct; conduct; fitness for international civil service; disciplinary measure; disciplinary procedure
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