AV

Article 19

  • Article 1
  • Article 10
  • Article 10.2
  • Article 10.3
  • Article 10.4
  • Article 10.5
  • Article 10.5(a)
  • Article 10.5(b)
  • Article 10.6
  • Article 10.7
  • Article 10.9
  • Article 105
  • Article 11
  • Article 11.1
  • Article 11.2
  • Article 11.2(c)
  • Article 11.3
  • Article 11.4
  • Article 11.5
  • Article 11.6
  • Article 12
  • Article 12.1
  • Article 12.2
  • Article 12.3
  • Article 12.4
  • Article 12.5
  • Article 15.7
  • Article 18.2
  • Article 18.3
  • Article 19
  • Article 2
  • Article 2.1
  • Article 2.1(b)
  • Article 2.1(c)
  • Article 2.1(d)
  • Article 2.1(e)
  • Article 2.2
  • Article 2.3
  • Article 2.4
  • Article 2.5
  • Article 2.6
  • Article 2.7
  • Article 2.7(b)
  • Article 2.8
  • Article 2(a)
  • Article 2(b)
  • Article 3
  • Article 3.1
  • Article 3.1(a)
  • Article 3.1(b)
  • Article 3.1(c)
  • Article 32
  • Article 4.2
  • Article 4.5
  • Article 4.9
  • Article 6
  • Article 7
  • Article 7.1
  • Article 7.2
  • Article 7.2(e)
  • Article 7.2(h)
  • Article 7.2(i)
  • Article 7.5
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.1(a)
  • Article 8.1(a)
  • Article 8.1(b)
  • Article 8.1(b)(ii)
  • Article 8.1(c)
  • Article 8.1(d)
  • Article 8.1(d)(i)
  • Article 8.1(d)(i)–(iv)
  • Article 8.1(d)(i)(a)
  • Article 8.1(d)(i)(b)
  • Article 8.1(d)(ii)
  • Article 8.1(d)(iii)
  • Article 8.1(d)(iv)
  • Article 8.1(i)
  • Article 8.1(i)(b)
  • Article 8.1(ii)
  • Article 8.1(ii)(c)
  • Article 8.2
  • Article 8.2(b)
  • Article 8.2(d)(i)
  • Article 8.3
  • Article 8.3(a)
  • Article 8.4
  • Article 8.5
  • Article 8.6
  • Article 8(a)
  • Article 8(c)
  • Article 8(d)(i)
  • Article 8(d)(ii)
  • Article 9
  • Article 9.1
  • Article 9.1(b)
  • Article 9.2
  • Article 9.3
  • Article 9.4
    • Showing 1 - 5 of 5

    2023-UNAT-1403, Francis N. Fultang

    Disciplinary matters / misconduct Fraud, misrepresentation and false certification Due process Right to a hearing Investigation Due process Fact-finding investigation Procedure (first instance and UNAT) Case management Referral for accountability

    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...

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    2023-UNAT-1384, Humphreys Timothy Shumba

    Compensation Disciplinary matters / misconduct Sexual exploitation and abuse Sexual harassment Due process Right to a hearing Right to confront complainant Procedure (first instance and UNAT) Oral hearings Standard of proof Disciplinary cases Termination (of appointment) Summary dismissal Evidence Admissibility Corroboration/hearsay Credibility assessment Sole testimony of complainant

    The UNAT held that the UNDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant.  As such, the UNAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

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    2013-UNAT-361, Ngoma-Mabiala

    Jurisdiction / receivability (UNDT or first instance) Manifest excess of jurisdiction

    UNAT considered an appeal by the Secretary-General limited to the discrete issue of the “Observations” of UNDT. UNAT held that the Secretary-General, despite being the beneficiary of a UNDT judgment in his favour, was entitled to appeal the observations. UNAT held that UNDT overstepped the mark to a significant degree in effectively recording, as part of its judgment, “Observations” in the manner in which it did. UNAT held that, in light of the UNDT’s determination on the issue of receivability, UNDT had no jurisdiction to make “Observations” as it did. UNAT allowed the appeal and ordered that...

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    UNDT/2012/176, Ivanov

    Jurisdiction / receivability (UNDT or first instance) Staff selection (non-selection/non-promotion)

    Due to the fact that the Applicant had not been rostered following the completion of the initial post selection, he was not eligible for consideration to be selected upon the transfer of the first selected candidate under art 10.4 of ST/AI/2006/3. The selection of a candidate “from the list endorsed by the central review body with respect to the particular vacancy” is a new separate administrative decision and therefore none of the Applicant’s rights were breached by this new selection. Consequently, the Applicant lacks standing to contest the second separate and individual administrative...

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