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/