2023-UNAT-1384, Humphreys Timothy Shumba
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...
2023-UNAT-1377, Mohammad Almasri
The UNAT held that the UNDT was correct to find that there was clearly sufficient evidence to support the Administration’s conclusion that the staff member’s performance only partially met expectations, and that this concern was communicated to him. Although the Rebuttal Board’s confirmation of the rating, and the preparation of a second short-term performance appraisal occurred after the non-renewal was taken, the UNAT concluded that these reviews nonetheless confirmed that management’s prior informal evaluation of the staff member’s performance was not arbitrary but was instead well-based...