溏心vlog免费B站

Article 16.2

  • Article 10
  • Article 10.1
  • Article 10.5(b)
  • Article 11
  • Article 11.2
  • Article 11.2(a)
  • Article 11.2(c)
  • Article 12
  • Article 12.1
  • Article 13
  • Article 13.1
  • Article 13.2
  • Article 13.3
  • Article 13.4
  • Article 14
  • Article 14.1
  • Article 14.4
  • Article 15
  • Article 15.1
  • Article 15.13
  • Article 15.2
  • Article 15.3
  • Article 15.4
  • Article 15.5
  • Article 15.6
  • Article 15.7
  • Article 16
  • Article 16.1
  • Article 16.2
  • Article 16.3
  • Article 16.6
  • Article 17
  • Article 17.1
  • Article 17.2
  • Article 17.3
  • Article 17.5
  • Article 17.6
  • Article 17.6
  • Article 18
  • Article 18.1
  • Article 18.2
  • Article 18.3
  • Article 18.4
  • Article 18.5
  • Article 19
  • Article 19.1
  • Article 2
  • Article 2.1(a)
  • Article 20
  • Article 21
  • Article 22
  • Article 24
  • Article 24.1
  • Article 24.2
  • Article 24.3
  • Article 25
  • Article 26
  • Article 26.2
  • Article 27
  • Article 27.1
  • Article 27.2
  • Article 27.2(c)
  • Article 28
  • Article 28.2
  • Article 29
  • Article 29.1
  • Article 29.2
  • Article 30
  • Article 31
  • Article 31.1
  • Article 32
  • Article 32.2
  • Article 34
  • Article 34(a)
  • Article 34(b)
  • Article 35
  • Article 36
  • Article 36.1
  • Article 4.7
  • Article 5.2
  • Article 6.2
  • Article 7
  • Article 7.1
  • Article 7.1(a)
  • Article 7.1(b)
  • Article 7.1(c)
  • Article 7.2
  • Article 7.3
  • Article 7.4
  • Article 7.5
  • Article 7.6
  • Article 7(a)
  • Article 7(b)
  • Article 8
  • Article 8.1
  • Article 8.2
  • Article 8.2(c)
  • Article 8.2(e)
  • Article 8.2(g)
  • Article 8.3
  • Article 8.4
  • Article 8.6
  • Article 8(d)(i)
  • Article 9
    • Showing 1 - 10 of 24
    2024-UNAT-1469-Corr.1, Parmosivea Soobrayan

    The UNAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the UNDT with respect to two of nine instances of alleged misconduct by the former staff member. The UNAT further acknowledged that the Secretary-General’s contention was that the UNDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

    Nonetheless, the UNAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

    2024-UNAT-1469, Parmosivea Soobrayan

    The UNAT observed that the Secretary-General elected to limit the scope of his appeal only against the findings of the UNDT with respect to two of nine instances of alleged misconduct by the former staff member. The UNAT further acknowledged that the Secretary-General’s contention was that the UNDT erred in law when it applied the legal tests for harassment and sexual harassment to the two incidents.

     

    Nonetheless, the UNAT held that to determine the issue on appeal required more than simply an application of the correct legal test. To reach any conclusions requires more than simply regard to...

    054 (GVA/2024), Applicant
    • Appealed

    A decision made by the Duty Judge is not constantly open for entertainment until decided by the assigned Judge to a case. That would undermine the role of the Duty Judge and render precarious the principle of legal certainty. The principles of transparency and accountability apply to the entire internal justice system regardless of the facts under dispute, the charges of misconduct or the disciplinary measure applied, unless exceptional circumstances guide the Tribunal differently. Concerning exceptional circumstances, the principle of publicity can only be departed from where the applicant...

    086 (NY/2024), Sinha

    The Tribunal ordered the parties to produce consolidated lists of agreed and disputed facts to enable it understand the factual issues at stake.

    The Tribunal also ordered the parties to indicate what additional documentaton they requested to be disclosed, and the identities of any witnesses they wished to call, specifying what disputed facts the witnesses would testify about.

    2024-UNAT-1493, AAY

    The Appeals Tribunal found that in its rigid treatment of the evidence in relation to AAY’s conduct, the UNDT failed to have appropriate regard to what had been admitted to by AAY when interviewed by OIOS. The fact that AAY chose not to testify at the UNDT hearing made it clear that he stood by his statement to the OIOS investigators. The UNDT was required to consider this undisputed evidence from him in its assessment whether the misconduct against him had been proved, more so in circumstances in which he did not elect to testify further in his own defence. The fact that the three witnesses...

    2024-UNAT-1449, Michael David Antoine

    The UNAT noted that the staff member publicly engaged in acts of a sexual nature in a clearly marked United Nations vehicle, bringing disrepute to the Organization and difficulties with the host country.

    The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT had before it a video clip depicting the actions in question, which were clearly of a sexual nature.

    The UNAT agreed with the UNDT that the lawfulness of the...

    2024-UNAT-1448, Ray Steven Millan

    The UNAT noted that the staff member allowed an unauthorized female individual to board a United Nations vehicle assigned to him and to publicly commit acts of a sexual nature in the rear seat, bringing disrepute to the Organization and difficulties with the host country.

    The UNAT found that the case was not one where the issues required the UNDT’s determination of the credibility of contradicting testimonies of parties or witnesses and the lack of a UNDT hearing had not affected its decision. The UNDT appropriately considered the former staff member's admissions, as well as the video clip...

    2023-UNAT-1388, Yassir Ibrahim Ali Haroun

    The UNAT held that the appeal against the two interlocutory Orders became moot following the issuance of Judgment No. UNDT/2022/124 and that the UNDT did not err in delivering its Judgment during the pendency of that appeal. The UNAT nevertheless observed that the UNDT erred in law by imposing an unreasonably short period for compliance with Order No. 157 (NBI/2022). Despite this, the UNAT concluded that, as the proceeding was unreceivable, this finding did not assist the Appellant in his case. With regard to Order No. 158 (NBI/2022), the UNAT held that the UNDT rightfully refused to...

    2023-UNAT-1384, Humphreys Timothy Shumba

    The UNAT held that the UNDT committed an error of procedure such that it affected the outcome of the case in not holding an oral hearing and relying significantly on the OAIS investigation report to corroborate the truth of the events alleged by the Complainant, when there was no direct witnesses to the alleged misconduct and all the witnesses relied upon by the OAIS investigators obtained their evidence and information from the Complainant. As such, the UNAT concluded that their evidence was hearsay evidence and that the prejudice to the Appellant in admitting and relying upon this evidence...

    2023-UNAT-1370, AAC

    After requesting additional findings of fact from the UNDT, the UNAT reconsidered an appeal by the staff member following the prior remand.

    The UNAT found that the UNDT’s judgment had failed to make a single mention of the nature, content or purpose of the testimony adduced under oath before it but was based entirely on hearsay evidence drawn exclusively from the investigation report and other documents. The UNAT found problematic the fact that the UNDT made no pronouncement as to why it exclusively relied on hearsay evidence and gave no reason why the evidence was not given by the person...