UNDT/2016/059, Peglan
Provision of adverse material to the Applicant: The Tribunal noted that the ABCC had information before it that was adverse to the Applicant鈥檚 claim when it reached its recommended decision but did not disclose to the Applicant. The Tribunal concluded that the Applicant should have been given the opportunity to see and comment on the adverse material. In failing to afford him this basic right the ABCC violated the principles of natural justice and audi alteram partem. Service incurred injury: The Tribunal concluded that it was not within the competence of the MSD medical advisor to provide...