Appeals

Article XI

There shall be a two-tier formal system of administration of justice:

• (a) The United Nations Dispute Tribunal shall, under conditions prescribed in its statute and rules, hear and render judgment on an application from a staff member alleging non-compliance with his or her terms of appointment or the contract of employment, including all pertinent regulations and rules;
• (b) The United Nations Appeals Tribunal shall, under conditions prescribed in its statute and rules, exercise appellate jurisdiction over an appeal of a judgment rendered by the United Nations Dispute Tribunal submitted by either party.

Chapter XI

Informal resolution

• (a) Staff members who considers that their contract of employment or terms of appointment have been violated are encouraged to attempt to have the matter resolved informally. To that end, a staff member who wishes to pursue informal channels should approach the Office of the Ombudsman without delay, without prejudice to the right to pursue the matter formally in accordance with the provisions of the present chapter.
• (b) Both the staff member and the Secretary-General may initiate informal resolution, including mediation, of the issues involved at any time before or after the staff member chooses to pursue the matter formally.
• (c) The conduct of informal resolution by the Office of the Ombudsman, including mediation, may result in the extension of the deadlines applicable to management evaluation and to the filing of an application with the United Nations Dispute Tribunal, as specified in staff rules 11.2 (c) and (d) and 11.4 (c) below.
• (d) An application shall not be receivable by the United Nations Dispute Tribunal if the dispute arising from a contested decision has been resolved by an agreement reached through mediation. However, a staff member may submit an application directly with the Dispute Tribunal to enforce the implementation of an agreement reached through mediation within 90 calendar days of the deadline for implementation as specified in the mediation agreement or, when the mediation agreement is silent on the matter, within 90 calendar days of the thirtieth calendar day from the date on which the agreement was signed.

Management evaluation

• (a) Staff members wishing to formally contest an administrative decision alleging non-compliance with their contract of employment or terms of appointment, including all pertinent regulations and rules pursuant to staff regulation 11.1 (a), shall, as a first step, submit to the Secretary-General in writing a request for a management evaluation of the administrative decision.
• (b) A staff member wishing to formally contest an administrative decision taken pursuant to advice obtained from a duly designated technical body, as determined by the Secretary-General, or of a decision taken at Headquarters in New York to impose a disciplinary or non-disciplinary measure pursuant to staff rule 10.2 (Disciplinary measures) following the completion of a disciplinary process is not required to request a management evaluation.
• (c) A request for a management evaluation shall not be receivable by the Secretary-General unless it is sent within 60 calendar days from the date on which the staff member received notification of the administrative decision to be contested. This deadline may be extended by the Secretary-General pending efforts for informal resolution conducted by the Office of the Ombudsman, under conditions specified by the Secretary-General.
• (d) The Secretary-General s response, reflecting the outcome of the management evaluation, shall be communicated in writing to the staff member within 30 calendar days of receipt of the request for management evaluation if the staff member is stationed in New York, and within 45 calendar days of receipt of the request for management evaluation if the staff member is stationed outside of New York. The deadline may be extended by the Secretary-General pending efforts for informal resolution by the Office of the Ombudsman, under conditions specified by the Secretary-General.

Suspension of action

• (a) Neither the submission of a request for a management evaluation nor the filing of an application with the United Nations Dispute Tribunal shall have the effect of suspending the implementation of the contested administrative decision.
• (b) However, where a management evaluation of an administrative decision is required:
  • (i) A staff member may submit an application requesting the United Nations Dispute Tribunal to suspend the implementation of the contested administrative decision until the management evaluation has been completed and the staff member has received notification of the outcome. In accordance with article 2, paragraph 2, of its statute, the Dispute Tribunal may suspend the implementation of a decision where the decision appears prima facie to be unlawful, in cases of particular urgency and where its implementation would cause irreparable damage. The Dispute Tribunal s decision on such an application is not subject to appeal;
  • (ii) In cases involving separation from service, a staff member may opt to first request the Secretary-General to suspend the implementation of the decision until the management evaluation has been completed and the staff member has received notification of the outcome. The Secretary-General, after determining that the decision has not yet been implemented, may suspend its implementation where it appears prima facie to be unlawful, in cases of particular urgency and where its implementation would cause irreparable damage to the staff member s rights. If the Secretary-General rejects the request, the staff member may then submit a request for suspension of action to the Dispute Tribunal under subparagraph (b) (i) above.

United Nations Dispute Tribunal

• (a) A staff member may file an application against a contested administrative decision, whether or not it has been amended by any management evaluation, with the United Nations Dispute Tribunal within 90 calendar days from the date on which the staff member received the outcome of the management evaluation or from the date of expiration of the deadline specified under staff rule 11.2 (d), whichever is earlier.
• (b) When staff members are not required to request a management evaluation, pursuant to staff rule 11.2 (b), he or she may file an application directly with the United Nations Dispute Tribunal within 90 calendar days from the date on which they received notification of the contested administrative decision.
• (c) Where mediation has been pursued by either party within the deadline for filing an application with the United Nations Dispute Tribunal specified in staff rule 11.4 (a) or (b) and the mediation is deemed to have failed in accordance with the rules of procedure of the Mediation Division of the Office of the Ombudsman, the staff member may file an application with the Dispute Tribunal within 90 calendar days of the end of the mediation.
• (d) Staff members shall have the assistance of counsel through the Office of Staff Legal Assistance if they so wish, or may retain outside counsel at their own expense, in the presentation of their case before the United Nations Dispute Tribunal.
• (e) A staff association may request permission from the United Nations Dispute Tribunal to submit a friend-of-the-court brief in relation to an application filed by a staff member.
• (f) A staff member who is entitled to appeal the same administrative decision that is the subject of an application brought by another staff member may request permission from the United Nations Dispute Tribunal to intervene in the matter.
• (g) In accordance with article 2, paragraph 1, of its statute, the United Nations Dispute Tribunal has jurisdiction over an application filed by a staff member:
  • (i) To appeal an administrative decision that is alleged to not be in compliance with a staff member s contract of employment or terms of appointment, including all pertinent regulations and rules and all relevant administrative issuances in force at the time of the alleged non-compliance;
  • (ii) To appeal an administrative decision imposing a disciplinary measure;
  • (iii) To enforce the implementation of an agreement reached through mediation.
• (h) The competence of the United Nations Dispute Tribunal, as set forth in its statute, includes the authority:
  • (i) To suspend proceedings in a case at the request of the parties for a time to be specified by it in writing;
  • (ii) To order, at any time during the proceedings, an interim measure, which is not subject to appeal, to provide temporary relief to either party where the contested decision appears prima facie to be unlawful, in cases of particular urgency, and where its implementation would cause irreparable damage. Such temporary relief may include suspension of the implementation of the contested administrative decision, except in cases of appointment, promotion or termination;
  • (iii) To refer, at any time during its deliberations, a matter to mediation with the consent of both parties.

United Nations Appeals Tribunal

• (a) In accordance with article 2, paragraph 1, of its statute, the United Nations Appeals Tribunal shall have jurisdiction over an appeal against a judgement of the United Nations Dispute Tribunal alleging that the Dispute Tribunal has:
  • (i) Exceeded its jurisdiction or competence;
  • (ii) Failed to exercise jurisdiction vested in it;
  • (iii) Erred on a question of law;
  • (iv) Committed an error in procedure, such as to affect the decision of the case; or
  • (v) Erred on a question of fact, resulting in a manifestly unreasonable decision.
• (b) An appeal may be filed by either party against the judgement of the United Nations Dispute Tribunal within 60 calendar days following receipt of the Dispute Tribunal s judgement. An appeal shall not be receivable by the United Nations Appeals Tribunal unless the deadline has been met or has been waived or suspended by the Appeals Tribunal.
• (c) The filing of an appeal with the United Nations Appeals Tribunal shall have the effect of suspending the execution of a judgement of the United Nations Dispute Tribunal that is contested.
• (d) Staff members shall have the assistance of counsel through the Office of Staff Legal Assistance if they so wish or may retain outside counsel at their own expense in the presentation of their case before the United Nations Appeals Tribunal.
• (e) The competence of the United Nations Appeals Tribunal, as set forth in its statute, includes the authority:
  • (i) To decide, at its own initiative or at the request of either party, that exceptional circumstances require the proceedings to be closed;
  • (ii) To order an interim measure to provide temporary relief to either party to prevent irreparable harm and to maintain consistency with the judgement of the United Nations Dispute Tribunal.