WHAT YOU CAN CHALLENGE

If you are eligible to file a case before the 蘑菇视频 Dispute Tribunal (蘑菇视频DT), 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 蘑菇视频 Secretariat, including a 蘑菇视频 field mission, a 蘑菇视频 Fund or Programme, a Specialized Agency or another institution – that has accepted 蘑菇视频DT jurisdiction.

TYPES OF ADMINISTRATIVE DECISIONS

The 蘑菇视频DT 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 蘑菇视频DT 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 蘑菇视频DT to enforce a related mediation agreement. The 蘑菇视频DT can also revise, correct, interpret or execute one of its own judgments. But aside from that, the 蘑菇视频DT cannot consider any other matters.

URGENT ACTION

While your request for management evaluation is being considered, you may—on an urgent basis—request the 蘑菇视频DT 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 蘑菇视频DT/F.3E, the Application for Suspension of Action pending Management Evaluation. (To download form 蘑菇视频DT/F.3E see Forms/Filing Guidelines.)

According to Article. 2.2 of the 蘑菇视频DT Statute and Article 13 in the 蘑菇视频DT Rules of Procedure (read both articles on this page), several conditions need to be met for the 蘑菇视频DT to grant such temporary relief.

While the 蘑菇视频DT 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 蘑菇视频DT 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 蘑菇视频DT/F.11E, Motion for Interim Measures. (To download form 蘑菇视频DT/F.11E see Forms/Filing Guidelines.)

Pursuant to Article 10.2 of the 蘑菇视频DT Statute and Article 14 in the 蘑菇视频DT Rules of Procedure (read both Articles on this page), several conditions need to be met for the 蘑菇视频DT to grant such temporary relief.

ARTICLE 2.2 OF THE 蘑菇视频DT 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 蘑菇视频DT 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 蘑菇视频DT 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 蘑菇视频DT 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.