WHAT YOU CAN CHALLENGE
If you are eligible to file a case before the UN Dispute Tribunal (UNDT), you can challenge an administrative decision you are alleging is “non-compliant” with the terms of your contract, or terms of appointment, or that imposes a disciplinary measure on you. The terms “contract” and “terms of appointment” include all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged non-compliance. “Administrative decisions” are decisions taken by the United Nations—whether the decision was taken by the UN Secretariat, including a UN field mission, a UN Fund or Programme, a Specialized Agency or another institution – that has accepted UNDT jurisdiction.
TYPES OF ADMINISTRATIVE DECISIONS
The UNDT has jurisdiction over administrative decisions having effect on staff members in employment situations such as:
- Non-promotion
- Non-selection
- Non-renewal of contract
- Benefits and entitlements
- Termination
- Dismissal and other disciplinary measures
- And other issues that relate to the staff member’s terms of appointment.
You can read more about the kind of administrative decisions you can challenge in Article 2 and Article 8 of the UNDT Statute.
PLEASE NOTE: you can only challenge an administrative decision or disciplinary measure that concerns your terms of employment with the United Nations (or the staff member in whose name you are appealing) or request the UNDT to enforce a related mediation agreement. The UNDT can also revise, correct, interpret or execute one of its own judgments. But aside from that, the UNDT cannot consider any other matters.
URGENT ACTION
While your request for management evaluation is being considered, you may—on an urgent basis—request the UNDT to temporarily suspend the implementation of the administrative decision that you are challenging. To do so, you need to file an application for suspension of action.
The application form used for this purpose is form UNDT/F.3E, the Application for Suspension of Action pending Management Evaluation. (To download form UNDT/F.3E see Forms/Filing Guidelines.)
According to Article. 2.2 of the UNDT Statute and Article 13 in the UNDT Rules of Procedure (read both articles on this page), several conditions need to be met for the UNDT to grant such temporary relief.
While the UNDT is considering your case, but not in cases of appointment, promotion or termination, you may also file a motion for interim measures, so you can request the UNDT to temporarily suspend the administrative decision. Just remember that to file such motion, you also need to file an application on the merits, or else you have no case pending. The motion form used for this purpose is form UNDT/F.11E, Motion for Interim Measures. (To download form UNDT/F.11E see Forms/Filing Guidelines.)
Pursuant to Article 10.2 of the UNDT Statute and Article 14 in the UNDT Rules of Procedure (read both Articles on this page), several conditions need to be met for the UNDT to grant such temporary relief.
ARTICLE 2.2 OF THE UNDT STATUTE
“The Dispute Tribunal shall be competent to hear and pass judgement on an application filed by an individual requesting the Dispute Tribunal to suspend, during the pendency of the management evaluation, the implementation of a contested administrative decision that is the subject of an ongoing management evaluation, where the decision appears prima facie to be unlawful, in cases of particular urgency, and where its implementation would cause irreparable damage. The decision of the Dispute Tribunal on such an application shall not be subject to appeal.”
ARTICLE 10.2 OF THE UNDT STATUTE
“At any time during the proceedings, the Dispute Tribunal may order an interim measure, which is without appeal, to provide temporary relief to either party, where the contested administrative decision appears prima facie to be unlawful, in cases of particular urgency, and where its implementation would cause irreparable damage. This temporary relief may include an order to suspend the implementation of the contested administrative decision, except in cases of appointment, promotion or termination.”
ARTICLE 13 OF THE UNDT RULES OF PROCEDURE
Suspension of action during a management evaluation
1. The Dispute Tribunal shall order a suspension of action on an application filed by an individual requesting the Dispute Tribunal to suspend, during the pendency of the management evaluation, the implementation of a contested administrative decision that is the subject of an ongoing management evaluation, where the decision appears prima facie to be unlawful, in cases of particular urgency and where its implementation would cause irreparable damage.
2. The Registrar shall transmit the application to the respondent.
3. The Dispute Tribunal shall consider an application for interim measures within five working days of the service of the application on the respondent.
4. The decision of the Dispute Tribunal on such an application shall not be subject to appeal.
ARTICLE 14 OF THE UNDT RULES OF PROCEDURE
Suspension of action during the proceedings
1. At any time during the proceedings, the Dispute Tribunal may order interim measures to provide temporary relief where the contested administrative decision appears prima facie to be unlawful, in cases of particular urgency and where its implementation would cause irreparable damage. This temporary relief may include an order to suspend the implementation of the contested administrative decision, except in cases of appointment, promotion or termination.
2. The Registrar shall transmit the application to the respondent.
3. The Dispute Tribunal shall consider an application for interim measures within five working days of the service of the application on the respondent.
4. The decision of the Dispute Tribunal on such an application shall not be subject to appeal.
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