2020-UNAT-1043, Loose
The Secretary-General appealed the UNDT judgment as it related to the non-renewal decision only. UNAT held that a shifting onus of proof was appropriate where the non-renewal decision was based on a lack of funds. UNAT found nothing objectionable with the UNDT’s reference to the burden or onus of proof resting with the Secretary-General in the circumstances of the case. UNAT held that UNDT did not err in concluding that the Secretary-General failed to establish by evidence that the financial situation of the UN body which had engaged Ms Loose at the time of the separation was still...