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UNDT

Showing 1 - 10 of 2699
010 (NBI/2024), Nelson Mutsoli
  • Appealed

The Court held that the application was not admissible because none of the elements that justified a stay of action were present. The Court held that the administrative measure was moot and inadmissible because the contested administrative measure had been explained and an additional step had been taken to eliminate any possibility of prejudice to the appeal.

002 (NBI/2025), KC
  • Appealed
Beyond mere expressions of surprise, the Applicant presented no argument contesting either the law or facts of the Respondent’s response to his request for production of evidence. The Tribunal found that the requested evidence was irrelevant. The Tribunal acknowledged the legitimate security issues implicated in the request, especially in light of the Applicant’s bald claim that an unidentified expert required these documents to develop or support an undisclosed opinion. The broad request for security log books monitoring staff movements at the compound did not seem to be relevant to the fair...
007 (NBI/2024), Jean-Joseph Henry
  • Appealed
1. The Tribunal noted that in sec. VI of his application form, the Applicant declared that he did not request management evaluation. Indeed, he did not file a copy of his management evaluation request with his application. The record showed that the Applicant was yet to request management evaluation of the decision he sought to have suspended. 2. The Tribunal recalled that applications filed pursuant to arts. 2.2 of the UNDT Statute and 13.1 of the Rules of Procedure must be predicated on a pending management evaluation. Consequently, since the Applicant had not requested...
134 (GVA/2024), SANAKA SAMARASINHA
  • Appealed

The Applicant's motion for interim measure is made in the context of a series of applications arising from decisions taken because of allegations of misconduct against the Applicant, which involved sexual harassment and sexual abuse. Such misconduct is recognized in the regulatory framework as of such gravity that it provides an exceptional basis for placing a staff member on ALWOP pending the conclusion of the investigation. The Applicant contends that, based on new information available, there is no longer any basis for a finding that there is a preponderance of evidence that he engaged in...

004 (NBI/2025), Sakule Mathe Bubega
  • Appealed
The Tribunal directed the Respondent to submit evidence of the legitimate investigative activity that was taken in connection with this case from the date on which the Administration received the report of possible misconduct until the date of the decision to withhold the Applicant’s final entitlements and pension paperwork. In order to determine whether any delays in this case were an aberration or examples of systematic problems, the Tribunal also directed the Respondent to submit similar information for all of the 225 MONUSCO Medical Insurance Plan fraud investigations.
002 (NBI/2024), Francis Fultang
  • Appealed
1. The Tribunal noted that the Applicant had previously raised the same issue before both the Dispute Tribunal (Fultang UNDT/2022/102) and the Appeals Tribunal (Fultang UNAT-2023-1403). The Dispute Tribunal had found the documents in question admissible. The Appeals Tribunal affirmed this finding. 2. The Tribunal, therefore, held that since the issue had been fully litigated by the parties previously, it was subject to the doctrine of res judicata. Thus, the subject documents were deemed admissible in the proceedings. 3. The Tribunal further concluded that even if...
002 (GVA/2024), Torres Sibille
  • Appealed
The Applicant argued that the contested decision was prima facie unlawful on two grounds: The justification for abolishing her post was false and misleading. UNAMA had created a legal expectation of contract renewal. Regarding the first claim, the Tribunal held that a staff member’s disagreement with the rationale behind post abolition does not render the decision unlawful. Additionally, while UNAMA officials could have been more transparent when the Applicant sought clarification, their lack of candor—though unfortunate—did not amount to unlawfulness in the decision not to renew her...
022 (NBI/2025), Cynthia Cline
  • Appealed
The Tribunal agreed with the Respondent that the Applicant must comply with the requirements for filing an application set forth in paras. 5, 6, 22 and 23 of Practice Direction No. 4 with respect to the number of pages and content of Annexes in an application form. The Applicant failed to comply with these provisions. Specifically, the Applicant filed, as an annex, 10 pages of arguments and facts beyond those set forth in the application form. The Applicant was directed to file an amended application which was in compliance with paras. 5, 6, 22 and 23 of Practice Direction No. 4.
017 (NBI/2025), Tarek Abdou
  • Appealed
Having filed a motion requesting an extension of time to file an application with a fast-approaching deadline, Counsel should have monitored the case file for a ruling but failed to do so. Considering the amount of time Counsel spent drafting and filing motions for extension of time, he could have filed an application instead. This resulted in more resources being expended by the Applicant’s Counsel and by the Tribunal in dealing with the motions. However, the Applicant should not suffer prejudice because of his Counsel’s neglect.