UNDT/2009/050

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UNDT/2009/050, Koda

UNAT Held or UNDT Pronouncements

The notes taken by the panel contain material that is or may well be relevant to the applicant’s case and therefore they should be provided to the applicant. Outcome: The notes taken by the panel to be provided to the applicant, subject to the applicant making an appropriate confidentiality undertaking.

Decision Contested or Judgment/Order Appealed

A fact-finding panel submitted a confidential report on the applicant which cleared her of misconduct allegations but made adverse findings. The undisclosed report made recommendations including that conditions should be attached to the extension of the applicant’s contract. The panel’s criticisms of her competence were later publicised in an audit report. The applicant alleges a lack of due process and that her treatment amounted to constructive dismissal. This judgment considered the preliminary question of the applicant’s access to the notes taken by the panel.

Legal Principle(s)

N/A

Outcome
Judgment entered for Applicant in full or in part

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full judgment
Applicants/Appellants
Koda
Entity
UN Secretariat
Case Number(s)
UNDT/NY/2009/047/JAB/2008/091
Tribunal
UNDT
Registry
New York
Date of Judgement
Duty Judge
Judge Adams
Language of Judgment
English
French
Issuance Type
Judgment
Categories/Subcategories
Due process
Procedure (first instance and UNAT)