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004 (NBI/2025)

004 (NBI/2025), Sakule Mathe Bubega

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Full order

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the Respondent’s decision to delay the payment of his pension benefit upon retirement on grounds that he was being investigated for medical insurance fraud. In its motion, the Respondent argued that logical and resource challenges have hamstrung the organization in completing investigations in more than 225 Medical Insurance Plan cases/allegations.

Legal Principle(s)

The Dispute Tribunal may order the production of evidence for either party at any timeand may require any person to disclose any document or provide any information thatappears to the Dispute Tribunal to be necessary for a fair and expeditious disposal of theproceedings.

Outcome

Other procedural decision without a motion

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.

Individual Party
Sakule Mathe Bubega
Entity
MONUSCO
Case Number(s)
UNDT/NBI/2024/047 (Bubega, Sakule Mathe)
Tribunal
UNDT
Registry
Nairobi
Date of Order
Duty Judge
Judge Wallace
Language of Order
English
Appeal Status
Appealed
Issuance Type
Order
Categories/Subcategories
Additional evidence
Applicable Law
UNDT RoP