51ÁÔÆæ

UNAT considered an appeal by Mr. Mousa. On matters of procedure, UNAT found that the additional documentary evidence presented on appeal was inadmissible as Mr. Mousa had failed to demonstrate exceptional circumstances and had failed to seek leave to present such additional evidence as he was required to do in terms of Article 2(5) of the UNAT Statute. UNAT dismissed the appeal. UNAT found that that while Mr. Mousa had been disciplined for working while on sick leave from the Organization and without valid authorization, he on appeal again focused on the allegations of malpractice which had...

Receivability - The arguments that this Application is not receivable were premised on the provisions of section 5 of ST/AI/1998/9 which is the legislation governing the policies and procedures for the classification and reclassification of posts. In the instant case, there was no attempt or effort made to reclassify the Applicant¡¯s post. The Respondent¡¯s preliminary objection that this Application is not receivable is therefore irrelevant and accordingly dismissed. Admissibility of evidence ¨C In considering the Respondent¡¯s prayer with regard to the admissibility of Annex 13, the Tribunal...

The Tribunal ruled that Annex 18 to the application was inadmissible. According to the Applicant, the annexure comprised of a publicly released commentary and analysis of the case. The Tribunal found that such commentary has no value, evidential or otherwise, being that whoever compiled it was not subject to the Tribunal¡¯s jurisdiction. That being the case, the veracity of the comments was not and could not be tested. The commentary neither amounted to evidence nor to parties¡¯ submissions. Based on the uncontroverted evidence that the Applicant refused to participate in a follow-up interview...

The Tribunal ruled that Annex 18 to the application was inadmissible. According to the Applicant, the annexure comprised of a publicly released commentary and analysis of the case. The Tribunal found that such commentary has no value, evidential or otherwise, being that whoever compiled it was not subject to the Tribunal¡¯s jurisdiction. That being the case, the veracity of the comments was not and could not be tested. The commentary neither amounted to evidence nor to parties¡¯ submissions. Based on the uncontroverted evidence that the Applicant refused to participate in a follow-up interview...