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Article 31

  • Article 1.2
  • Article 10
  • Article 10.1
  • Article 11.3
  • Article 13
  • Article 15
  • Article 16
  • Article 16.1
  • Article 17
  • Article 17.1
  • Article 18
  • Article 18.1
  • Article 18bis
  • Article 18bis.1
  • Article 19
  • Article 2
  • Article 20
  • Article 20.2
  • Article 22
  • Article 23
  • Article 24
  • Article 25
  • Article 26
  • Article 27
  • Article 29
  • Article 29(a)
  • Article 29(b)
  • Article 3.1
  • Article 30
  • Article 31
  • Article 31.1
  • Article 4.2
  • Article 7
  • Article 7.1
  • Article 7.1(a)
  • Article 7.2
  • Article 8
  • Article 8.1
  • Article 8.2
  • Article 8.2(b)
  • Article 8.3
  • Article 8.4
  • Article 8.6
  • Article 9
  • Article 9.4
    • Showing 1 - 3 of 3

    2022-UNAT-1260, Jules Yatte Beda

    Disciplinary measure or sanction Dismissal/separation Facts (establishment of) / evidence Investigation (see category: Investigation) Proportionality of sanction Due process Separation from service Disciplinary matters / misconduct

    Mr. Beda appealed.  As a preliminary matter, UNAT dismissed Mr. Beda's motion seeking leave to file a rejoinder on grounds that there was no probative value to the rejoinder Mr. Beda sought to file, and there was nothing new in the Administration's answer that would require him to have an opportunity to provide a rebuttal or rejoinder. Turning to the merits, UNAT found that the UNDT had applied the correct legal standard in its Judgment - whether the facts had been established by clear and convincing evidence - and properly assessed the evidence and credibility of witness testimony, making the...

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    2016-UNAT-646, Dalgaard et al.

    Judgment-related matters Execution of Judgment Revision of Judgment Jurisdiction / receivability (UNAT) Subject matter (ratione materiae)

    UNAT held that the motion did not fulfil the requirements of Article 11 of the UNAT Statute, which provides that a revision must be based on the discovery of a decisive fact which was, at the time the judgment was rendered, unknown to UNAT and to the party applying for revision, always provided that such ignorance was not due to negligence. The Applicants were relying on Article 31. 1 of the RoP and not on Article 11 of the UNAT Statute. UNAT held that a rule could not supplant a statutory provision such as Article 11 and that Article 31. 1 only applied where there is no other expressly...

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    2020-UNAT-1068, Porras

    Non-renewal Reason(s)

    UNAT held that as allegations of improper motive, bias, or prejudice as reasons for the unlawfulness of the non-renewal were not raised before UNDT for its consideration, UNAT should not consider them. UNAT held that the exceptional circumstances that were required to allow additional pleadings to be considered, were not present. UNAT held that UNDT erred in finding that the Organisation properly exercised its discretion in not renewing the Appellant’s fixed-term appointment. UNAT held that, in situations of a staff member being declared persona non grata by a host country, it was the duty of...

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