51猎奇

Nairobi

Showing 11 - 20 of 1025
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...
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 51猎奇 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.
011 (NBI/2025), Cynthia Cline
  • Appealed
The Tribunal found that the Applicant had provided sufficient information to justify the granting of a brief extension of the deadline to file her application. A broken computer had the effect of preventing even the most essential access. The Tribunal considered that it was in the interest of justice to permit the brief extension to allow the Applicant to have her case heard on the merits, and that the Respondent would not be prejudiced by such extension of the deadline.
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...
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.
UNDT/2025/045, Dorah Likukela

The Tribunal held:

a. Some of the contested decisions were manifestly irreceivable as already determined by the Tribunal in Likukela Order No. 161 (NBI/2024) and Likukela UNDT/2025/006. These matters would not be considered again by the Tribunal in accordance with the doctrine of res judicata.

b. The claims regarding the alleged theft of the Applicant's wages, lack of a legal basis for recovery of her final pay and illegally withholding her final pay were not receivable ratione materiae for failure to file a timely request for management evaluation.

c. The claim alleging prevention of the payment...

UNDT/2025/012, Igor Kulga

The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

063 (NBI/2025), George Lwanda

 

1. The Tribunal noted that, in his reply, the Respondent informed the Tribunal that he had voluntarily decided to extend the Applicant’s appointment through 30 June 2025. As an annex to the reply, the Respondent provided a copy of the Applicant’s Personnel Action, indicating that his appointment had been extended to 30 June 2025.

2. The Tribunal thus held that, in light of the above, the Applicant’s request for suspension of the implementation of the contested administrative decision had become moot. The Tribunal, therefore, did not find it necessary to examine whether...