Ä¢¹½ÊÓÆµ DISPUTE TRIBÄ¢¹½ÊÓÆµAL TIME LIMITS

There are two key time limits for an application to the Ä¢¹½ÊÓÆµ Dispute Tribunal (Ä¢¹½ÊÓÆµDT): (1) the time limit for a request for management evaluation (which is usually required (see exceptions*), before filing an application to the Ä¢¹½ÊÓÆµDT); and (2) the time limit for filing your application to the Ä¢¹½ÊÓÆµDT to have your dispute considered by the Ä¢¹½ÊÓÆµDT.

The following table lists both key time limits for the Ä¢¹½ÊÓÆµDT.

It also lists the time limits for filing an appeal with the Ä¢¹½ÊÓÆµ Appeals Tribunal.

SUBMISSION TIME LIMIT REFERENCE
Request for management evaluation* 60 days after the staff member was notified of the contested administrative decision Staff rule 11.2 (c)
Administration to provide management evaluation 30 days New York Headquarters staff (Geneva Headquarters staff for Ä¢¹½ÊÓÆµHCR);
45 days Non-Headquarters staff
Staff rule 11.2 (d)
Application to Ä¢¹½ÊÓÆµDT 90 days from receipt of management evaluation, or 90 days from date evaluation should have been received (namely, 30 calendar days for disputes arising at Headquarters and 45 calendar days for disputes arising at other offices);
90 days from receipt of the administrative decision in cases where management evaluation is not required
Ä¢¹½ÊÓÆµDT Statute art. 8.1(i)
Ä¢¹½ÊÓÆµDT rules of procedure,
art. 7.1
Appeal to Ä¢¹½ÊÓÆµAT 60 days from receipt of judgment of the Ä¢¹½ÊÓÆµDT or Ä¢¹½ÊÓÆµRWA Dispute Tribunal; 
30 days from receipt of an interlocutory order of the Ä¢¹½ÊÓÆµDT or the Ä¢¹½ÊÓÆµRWA Dispute Tribunal; 
90 days from receipt of decision of the United Nations Joint Staff Pension Board
Ä¢¹½ÊÓÆµAT Statute, art. 7(1)(c), 
Ä¢¹½ÊÓÆµAT rules of procedure,
art. 7.1
Cross-Appeal to Ä¢¹½ÊÓÆµAT 60 days from notification of the appeal Ä¢¹½ÊÓÆµAT rules of procedure,
art. 9.4

* Exceptions to the requirement for management evaluation: A management evaluation request is not required if an Applicant is challenging a disciplinary decision, or one taken by the Administration pursuant to advice obtained from technical bodies, as determined by the Secretary-General. In those cases, an application can be made directly to Ä¢¹½ÊÓÆµDT.

IF YOU DON¡¯T FILE WITHIN THE STATUTORY TIME LIMITS

Statutory time limits are strictly enforced by the Tribunals; hence it is extremely important that you respect them. If you do not file a request for management evaluation (as applicable) and an application with the Ä¢¹½ÊÓÆµDT within the statutory time limits listed above, your application will be rejected as not receivable unless exceptional circumstances are set out (see exceptional circumstances).

MORE INFORMATION ON TIME LIMITS

As noted in the table above, the time limit for a request for management evaluation is 60 days from when you received notification of the administrative decision you wish to contest. Please also note that the Ä¢¹½ÊÓÆµDT cannot suspend or waive the deadlines for management evaluation.

Upon receipt of your request for management evaluation, the official or office responsible for conducting the management evaluation is expected to provide you with a written response within 30 calendar days if your duty station is in Headquarters, New York (or Geneva for Ä¢¹½ÊÓÆµHCR), and within 45 calendar days if your office is located elsewhere. If you do not receive a response to your request for management evaluation within the applicable 30/45 days¡¯ time limit, and you wish to file an application to the Ä¢¹½ÊÓÆµDT, you must submit your application to the Ä¢¹½ÊÓÆµDT within 90 calendar days from the date the management evaluation should have been received (but was not).

If the Administration does conduct a management evaluation, and you are not satisfied with the outcome, if you wish to appeal the administrative decision, you must submit an application to the Ä¢¹½ÊÓÆµDT within 90 calendar days after you received the management evaluation.

TIME LIMIT IF YOU HAVE SOUGHT MEDIATION

Mediation is an option to resolve a dispute informally. This can be pursued before or while a request for management evaluation is made. The management evaluation deadline may be extended by the Secretary-General, upon request of a staff member, pending efforts for informal resolution by the Office of the Ombudsman. If you have sought mediation of your dispute within the deadline for filing an application with the Ä¢¹½ÊÓÆµDT, facilitated by a mediator from the United Nations Ombudsman and Mediation Service, and no agreement was reached, and you wish to file an application with the Ä¢¹½ÊÓÆµDT, your application to the Ä¢¹½ÊÓÆµDT must be filed within 90 calendar days after the mediation broke down, in accordance with procedures laid down in the terms of reference of the .

If you file an application with the Ä¢¹½ÊÓÆµDT seeking enforcement of the implementation of a mediation agreement, your application must be filed within 90 calendar days after the last day of the implementation specified in the mediation agreement. If the mediation agreement is silent on the matter, your application must be filed within 90 calendar days after the thirtieth day from the date of the signing of the agreement.

See Practice Direction No. 3 on Mediation for more information on the above.

EXCEPTIONAL CASES

In exceptional cases, you may seek a suspension, waiver or extension of the time limit to submit a Ä¢¹½ÊÓÆµDT application. You must do so in writing by using the Motion for Extension of Time to File an Application. Your request must set out the exceptional reasons that, in your view, justify your request. Such written request should not exceed two pages in length (excluding the cover page). Note that Ä¢¹½ÊÓÆµDT cannot suspend or waive the time limits for requesting management evaluation.

For more on time limits see Article 8 of the Ä¢¹½ÊÓÆµDT STATUTE.

IMPORTANT ARTICLES (EXCERPTS ONLY) IN THE Ä¢¹½ÊÓÆµDT RULES OF PROCEDURE WHICH RELATE TO TIME LIMITS:

Article 7 Time limits for filing applications

1. Applications shall be submitted to the Dispute Tribunal through the Registrar within:,

(a) 90 calendar days of the receipt by the applicant of the management evaluation, as appropriate;
(b) 90 calendar days of the relevant deadline for the communication of a response to a management evaluation, namely, 30 calendar days for disputes arising at Headquarters and 45 calendar days for disputes arising at other offices; or
(c) 90 calendar days of the receipt by the applicant of the administrative decision in cases where a management evaluation of the contested decision is not required.
°Ú¡­±Õ

Article 34 Calculation of time limits

The time limits prescribed in the rules of procedure:

a) Refer to calendar days and shall not include the day of the event from which the period runs;
(b) Shall include the next working day of the Registry when the last day of the period is not a working day;
(c) Shall be deemed to have been met if the documents in question were dispatched by reasonable means on the last day of the period.

Article 35 Waiver of time limits

Subject to article 8.3 of the statute of the Dispute Tribunal, the President, or the judge or panel hearing a case, may shorten or extend a time limit fixed by the rules of procedure or waive any rule when the interests of justice so require.