Burden of proof
Non-disciplinary
Due process
Evidence
Procedure (first instance and UNAT)
Production of documents
Staff selection (non-selection/non-promotion)
Central Review Body
Selection decision
Standard of proof
Full and fair consideration
Mr. Moulana appealed the UNDT judgment.
UNATnoted that the UNDT dismissed Mr. Moulana's application on the grounds of insufficient evidence, whereas he had not been afforded the opportunity to provide the evidence. UNAT held that the UNDT, by failing to address the Appellant’s requests for the production of documents, including ignoring his motion, violated the Appellant’s due process rights and deprived him of the opportunity to have his motion assessed and possibly granted, following which he could have submitted the pieces of evidence which the UNDT found he failed to provide. Therefore...