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2022-1761, 2022-1762

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The UNAT held that the absence of a case management discussion and an oral hearing before the UNDT was not a procedural error.

The UNAT found that the UNDT did not err in admitting and considering the memorandum of allegations of misconduct, as it was used by the Administration only to verify that circumstances warranting the placement of the Appellant on ALWP occurred.  The UNAT also found that the OIOS Investigation Report did not refer to the communications between the Appellant and his counsel, nor to exchanges during a mediation process, but only considered the Appellant’s objective...