UNAT rejected the Appellant’s request for an oral hearing and production of documents, to substantiate his claims of bias and discrimination against him, finding that a complaint of bias and discrimination was not receivable as it consisted of a series of past issues in respect of which he should have sought redress at the appropriate time. UNAT stressed that it was not the task of the JAB or UNAT to conduct a fresh investigation. UNAT rejected the motion for submission of additional documentation, finding no need for further evidence pursuant to Article 10. 1 of the UNAT RoP and no...
Production of documents
UNAT considered appeals from both the Secretary-General and Mr Chhikara. UNAT held that UNDT erred when it considered that it did not need the missing evidence of the 25 situation questions and their “key” answers, which directly related to the written test which Mr Chhikara failed. UNAT held that, by rejecting Mr Chhikara’s request for the missing evidence and judging the case without it, UNDT failed to exercise the jurisdiction vested in it and also committed an error in procedure such as to affect the decision of the case. UNAT noted that the interests of justice and judicial economy may be...
This judgment is confined to whether the applicant should have access to the report. The applicant was ordered be given access to the panel’s report, subject to an undertaking of confidentiality.