UNDT/2009/027, Sina
Where evidence is capable of establishing a likelihood of a connection between potentially extraneous considerations and a failure to obtain a renewal of a contract, summary dismissal is unlikely to be warranted. Where one party raises sufficient material suggesting a particular fact or facts and the other party has the sole means of refuting that inference, then an evidentiary burden to call that evidence will ordinarily arise so that a failure to do so will make it relatively easy for the other party to treat the fact as proven. Outcome: The motion for summary judgment was dismissed, without...