51ÁÔÆæ

Article 18.3 of the UNDT Rules of Procedure provides that a party wishing to submit evidence that is in the possession of the opposing party or of any other entity may, in the initial application or at any stage of the proceedings, request the Dispute Tribunal to order the production of the evidence. That the Applicant chose to obtain the documents outside the Tribunal process must be frowned upon. Because of the method the Applicant used to obtain the documents, their authenticity let alone their probative value cannot be guaranteed. The documents in issued were therefore ruled inadmissible...

That the Applicant chose to obtain the documents outside the Tribunal process must be frowned upon. Because of the method the Applicant used to obtain the documents, their authenticity let alone their probative value cannot be guaranteed. The documents in issue were therefore ruled inadmissible. The Tribunal held that the ALWOP decision was based on the criteria set out in section 11.4 b of ST/AI/2017/1. In the Tribunal¡¯s view, based on the nature of the allegations (the public engagement in acts of a sexual nature in a clearly marked United Nations vehicle in a heavily trafficked area of Tel...

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...