002 (NBI/2025)

002 (NBI/2025), KC

UNAT Held or UNDT Pronouncements

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 or expeditious resolution of the case. The request did not indicate whose movements the Applicant wished to document with the log books. The request appearer to be a mere “fishing expedition”.

It was not the Tribunal’s responsibility to speculate about how the security log books were relevant to the Applicant’s testimony. It was the Applicant's obligation to demonstrate the relevance of the requested information, and he did not do so.

The request was made just 14 working days before the scheduled hearing. There was no explanation given for the eleventh-hour request for production of evidence. Granting the request at that late time would require a postponement of the hearing, contrary to the purpose of staff rule 18.2.

Decision Contested or Judgment/Order Appealed

The Applicant is challenging his separation from service with compensation in lieu of notice and without termination indemnity for sexual misconduct. In his Motion, the Applicant is requesting production of evidence to enable his expert witness to prepare his testimony for the hearing, and is contesting the Applicant's argument as to why the requested documents and evidence should not be provided.

Legal Principle(s)

The DisputeTribunal may order the production of evidence for either party at any time and mayrequire any person to disclose any document or provide any information that appears to the Dispute Tribunal to be necessary for a fair and expeditious disposal of the proceeding.

Outcome
Other motion denied
Outcome Extra Text

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

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KC
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