• NEWS

  • ABOUT US

  • OUR WORK

  • COMMUNITY

  • ARCHIVES

  • Blog

  • More

    Contact Us

    FAQs

    Become a Member

    TribUnion

    SU Elections

    SU Financial Rules

    Mission Reports

    SU meetings

    Events

    Joint Negotiating Committee

    Completion Strategy

    Permanent Contracts

    Staff Management Committee

    CCISUA

    UN ICTY Gift Shop

    Staff Interviews

    NEWS

    ABOUT US

    OUR WORK

    COMMUNITY

    ARCHIVES

    Who's Who

    Discounts

    SU Constitution

    What We Do

    Staff Union

    What do you know about… the UN system of Administration of Justice (AoJ)?

    March 21, 2014

    Your Staff Union reps are there to assist you in processing complaints against administrative decisions and/or disciplinary measures. 

     

    The UN system of Administration of Justice (AoJ) might prove to be quite complex, with various instances and stringent deadlines. 

     

    The following article aims at giving you a brief overview of the process under the system of AoJ, the relevant actors and its various time limits.

     

    The Administration of Justice system addresses two types of actions:

    administrative decisions and disciplinary actions.

     

    What is an administrative decision?

     

    An administrative decision is a decision which has been unilaterally taken by the Administration, be of an individual application, and have created direct legal consequences for the terms of employment of a particular individual. 

    e.g. non-selection for a post, non-renewal of a contract, blanket denial of permanent contracts, denial of G-P exam for ICTY staff.

    What is a disciplinary measure?

    A disciplinary measure relates to a finding of misconduct. Misconduct is defined as failure by a staff member to comply with his or her obligations under the Charter of the United Nations, the Staff Regulations and Staff Rules or other relevant administrative issuances or to observe the standards of conduct expected of an international civil servant.

     

    A disciplinary measure must comport with ST/AI/371/Amend.1. 

     

    The staff member need not have suffered monetary damages as a result of an administrative decision or disciplinary measure to have standing.

     

    Who can apply for relief under the internal justice system? 

     

    An application may be filed by “any current or former staff member or any person making claims in the name of an incapacitated or deceased staff member of the United Nations, including of the United Nations Secretariat or separately administered United Nations funds and programmes”

     

    Who can represent a person before the internal justice system?

    OSLA, a counsel authorized to practice law in a national jurisdiction, a staff member or a former staff member of the United Nations or one of the specialized agencies. 

     

    What are the relevant time limits?

     

     

     

     

    Can you do anything to stop the action before the time limits above run out?

     

    Yes. When institution of an administrative decision appears to be prima facie unlawful, is of particular urgency and will cause irreparable harm, a staff member can request a suspension of action before the UNDT. This can be done while an MEU evaluation is pending or at any time during the proceedings. The UNDT will consider the request within five working days from the time the request is served on the Respondent.

     

    Please note that if the decision is that a staff member has been terminated, a suspension of action is not possible as the decision has already been taken.

     

    A suspension of action will not be granted if the UNDT finds that it is the staff member’s own actions which caused the urgency. 

     

    A suspension of action will not be granted if the UNDT finds that it is the staff member’s own actions which caused the urgency. 

     

    What is the formal process?

     

     

     

    Is there a possibility of informal resolution?

     

    While the formal process is available, the United Nations highly favours informal resolution. Informal resolution includes direct discussions with management within the ICTY as well as the use of the Office of the Ombudsman. 

     

    Please note that while the UNDT often tolls the time limits to allow for informal resolution, this is not automatic. OSLA strongly suggests that staff members make submissions within relevant time limits unless they have been specifically informed in writing by the Tribunals, Ombudsperson or other authorizing entity that the time limit has been extended.

     

    Relevant links:

     

    Office of the Administration of Justice: http://www.un.org/en/oaj/

    Office of the Ombudsman: http://www.un.org/en/ombudsman/

     

     

     

     

    Please reload

    Featured Posts

    The UN at 70!

    October 13, 2015

    The latest version of the Staff Union's TribUnion is out! !

    February 27, 2015

    Sign the Petition! Call for Pension Fund CEO and UN Secretary-General to Recognize the Votes of Staf...

    May 30, 2017

    1/9
    Please reload

    Recent Posts

    New CTSU President

    January 15, 2020

    Farewell...

    January 9, 2020

    New Committee elected

    June 20, 2019

    Out of office: Examining the relationship between stress and remote work

    October 1, 2018

    Recruiters in The Hague

    May 14, 2018

    Conspiracy of silence

    April 18, 2018

    MICT Staff Union addresses budget crisis with the Secretary-General

    January 30, 2018

    Pension Fund presentation available

    December 6, 2017

    Pictures of the final ICTY Staff Party

    December 5, 2017

    ICTY/MICT Staff Union participates in CCISUA mid-term meeting and lobbying in New York

    November 29, 2017

    Please reload

    Archive

    January 2020 (2)

    June 2019 (1)

    October 2018 (1)

    May 2018 (1)

    April 2018 (1)

    January 2018 (1)

    December 2017 (2)

    November 2017 (1)

    October 2017 (1)

    September 2017 (1)

    June 2017 (2)

    May 2017 (2)

    January 2017 (3)

    October 2016 (1)

    September 2016 (2)

    June 2016 (4)

    May 2016 (1)

    April 2016 (4)

    March 2016 (3)

    February 2016 (4)

    January 2016 (4)

    December 2015 (3)

    November 2015 (5)

    October 2015 (4)

    September 2015 (4)

    July 2015 (2)

    June 2015 (1)

    April 2015 (1)

    March 2015 (5)

    February 2015 (2)

    December 2014 (1)

    November 2014 (3)

    September 2014 (2)

    July 2014 (4)

    June 2014 (3)

    April 2014 (1)

    March 2014 (4)

    February 2014 (1)

    January 2014 (3)

    Please reload

    Home  >  News