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UNAT considered an appeal by Mr Nadeau of Order No. 184 and his request that both Order Nos. 184 and 169 be rescinded. UNAT held that he did not demonstrate that UNDT had clearly exceeded its jurisdiction or competence in rejecting his request for new documents to be introduced into evidence. UNAT noted that the issue could be raised on appeal against the final judgment on the merits. UNAT is competent to review whether certain facts remained unresolved at the UNDT level and to consider the need for factual determinations based on the whole of the relevant evidence. UNAT dismissed the appeal.

On the request for the oral hearing, UNAT held that the matter could be considered just as well on written submissions and that it was not persuaded that an oral hearing was necessary in the interests of justice. UNAT held that the Appellant’s complaints were about the content of the orders made, not about whether UNDT was empowered to make such orders, and as such, his appeal was not receivable and had to be dismissed. Noting that the case would be dismissed, UNAT made the following observations on the merits of the appeal: (1) UNDT was entitled to determine issues of receivability in...