Additional evidence

The UNAT found that the written witness statement sought to be submitted constituted new and additional evidence on appeal. The UNAT found that it was apparent that the staff member had known of the evidence at the Dispute Tribunal but, as he noted in his motion and appeal brief, had relied on other grounds which he believed were sufficient to substantiate his claims without risking exposing the witness. The UNAT held that this rendered his request to submit additional evidence on appeal inadmissible. The UNAT denied the motion for leave to submit a confidential witness statement.

The UNAT held that the staff member's motion for the production of evidence did not meet the criteria set out in the UNAT Statute and Rules of Procedure. The UNAT found that the staff member had not demonstrated exceptional circumstances warranting the admission of the additional evidence on appeal. The UNAT noted that, moreover, the staff member had not demonstrated that any relevant fact was likely to be established with the staff member’s half-brother, Mr. SRB’s employment history sought to be produced or that it would be in the interest of justice and the efficient and expeditious...

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...

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.