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...
Article 8.2
Showing 11 - 12 of 12
Interlocutory or interim appeal / Appeal of UNDT order to UNAT
Receivability
Jurisdiction / receivability (UNAT)
Interlocutory appeal
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Performance management
Rebuttal
Procedure (first instance and UNAT)
Oral hearings
As a preliminary matter, UNAT declined Mr. Hossain’s request for an in-person hearing and held that Mr. Hossain did not explain, at least sufficiently, why his appeal should be dealt with other than on papers filed. UNAT held that UNDT erred in law by rejecting Mr. Hossain’s proceedings other than on their merits and for threshold jurisdictional reasons that it was empowered to examine and assist to establish. UNAT held that the UNDT, while perhaps disposing of the case in an expeditious way, did not do so fairly, or certainly justly, as between the parties. UNAT admitted on appeal the...