2010-UNAT-081, Azzouni

UNAT Held or UNDT Pronouncements

UNAT held that UNDT erred in failing to consider adequately the Appellant’s evidence, noting she was not given the opportunity to prove her case, including allegations of discrimination, at the UNDT hearing, which included the opportunity to call evidence and to challenge the Administration’s evidence. UNAT held that UNDT erred in law in allowing testimony to be given at the hearing that was neither sworn, affirmed, nor made under a promise, to tell the truth. UNAT allowed the appeal, set aside the UNDT judgment and ordered reinstatement or the award of compensation in lieu of reinstatement in the amount of two years’ net base salary.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to renew her appointment. UNDT rejected the application.

Legal Principle(s)

Testimony should not be admitted that was given without any promise, affirmation, or oath to tell the truth.

Outcome

Appeal granted

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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

Azzouni

Entity

ESCWA

Case Number(s)

2010-079

Tribunal

UNAT

Registry Location :

New York