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The Dispute Tribunal committed an error in procedure by relying on ex parte evidence in the form of three doctors’ notes, of which the Secretary-General received the translated copies only two days before the issuance of the impugned Judgment, in violation of audi alteram partem. The Dispute Tribunal failed to consider the “checks and balances to ensure transparency” instituted in established procedures as outlined in the Guidelines and the ability of the Applicant to raise timely concerns about potential bias after the interview. As there is no obligation to provide the names of the...

Certification of sick leave: If some staff members as a matter of practice communicated directly with the MSD rather than through their mission, such practice does not detract from or modify written legislation.Recognised regional medical centres: A country in serious political, economic and security situation was unlikely to be the place to seek adequate medical treatment for an ailment recognised by the organization as a condition for medical evacuation. Recovery of overpayment: The United Nations being a humanitarian organization and in providing humanitarian assistance worldwide, needs to...

The UNDT found that the Applicant’s explanations for how the missing card came to be in his possession were so far-fetched as to be unbelievable. He was shown to have had the opportunity to take illegal possession of the card and stood to make a pecuniary benefit from so taking it. There were several material inconsistencies in the Applicant’s case and he was found not to be credible, contradicting himself in the course of the investigation and in his testimony before the Tribunal. The facts upon which the sanction was based were established and amounted to serious misconduct on the part of...

The Applicant was informed in February 2007 that his promotion must follow a competitive recruitment process. The contention that he should have been promoted to the G-5 level at the time could and should have been challenged when the Applicant received formal notification of his retroactive promotion in October/November 2007. He did not. He also did not challenge the Respondent’s letter of 6 May 2015.

With respect to the Applicant’s challenge against his non-selection for JOs 2016/038 and 2016/026, the Tribunal found that the Applicant was put on notice on 19 December 2017 that he would not be selected for either of the JOs because he had failed the technical tests. Consequently, he had 60 days from 19 December 2017 or until 17 February 2018 to submit a request for management evaluation but did not submit his request until 26 June 2018. The fact that the Applicant erroneously sought a waiver of the management evaluation deadline approximately six months after the fact from the UNIFIL Head...

The application was withdrawn by the Applicant in light of a settlement agreement.

The Applicant indicated that he had been promised during a pre-interview presentation that the names of the assessors would be provided. The Respondent failed to present a plausible, or indeed any, basis for the non-response to the Applicant’s proactive inquiry as to the names of the assessors. It would have been proper, under the circumstances, for the Respondent to either dispute the fact of the promise or provide the requested information. The Respondent’s silence drew a finding of impropriety. If the Applicant had received the assessors’ names, he would have had the opportunity to raise...

Article 18.3 of the UNDT Rules of Procedure provides that a party wishing to submit evidence that is in the possession of the opposing party or of any other entity may, in the initial application or at any stage of the proceedings, request the Dispute Tribunal to order the production of the evidence. That the Applicant chose to obtain the documents outside the Tribunal process must be frowned upon. Because of the method the Applicant used to obtain the documents, their authenticity let alone their probative value cannot be guaranteed. The documents in issued were therefore ruled inadmissible...

That the Applicant chose to obtain the documents outside the Tribunal process must be frowned upon. Because of the method the Applicant used to obtain the documents, their authenticity let alone their probative value cannot be guaranteed. The documents in issue were therefore ruled inadmissible. The Tribunal held that the ALWOP decision was based on the criteria set out in section 11.4 b of ST/AI/2017/1. In the Tribunal’s view, based on the nature of the allegations (the public engagement in acts of a sexual nature in a clearly marked United Nations vehicle in a heavily trafficked area of Tel...

The Tribunal ruled that Annex 18 to the application was inadmissible. According to the Applicant, the annexure comprised of a publicly released commentary and analysis of the case. The Tribunal found that such commentary has no value, evidential or otherwise, being that whoever compiled it was not subject to the Tribunal’s jurisdiction. That being the case, the veracity of the comments was not and could not be tested. The commentary neither amounted to evidence nor to parties’ submissions. Based on the uncontroverted evidence that the Applicant refused to participate in a follow-up interview...