United Nations Dispute & Appeal Tribunals

Mandate:

The UNDT adjudicates disputes between UN staff members and the organization concerning employment matters. These disputes can involve issues such as:

• Termination of employment
• Non-renewal of contracts
• Discrimination and harassment
• Performance evaluations
• Disciplinary measures
• Entitlements and benefits
• Conditions of service

Structure:

• Judges: The UNDT is composed of judges appointed by the General Assembly. There are typically three full-time judges and several part-time judges, appointed for non-renewable seven-year terms to ensure independence.
• Registries: The UNDT operates through registries located in New York, Geneva, and Nairobi, each managing cases within its geographical jurisdiction.

Procedures:

1. Filing an Application: Staff members must first seek administrative review of the contested decision. If unresolved, they can file an application with the UNDT.
2. Preliminary Review: The Tribunal assesses the admissibility of the application, considering jurisdiction, timeliness, and procedural compliance.
3. Written Submissions: Both parties submit written pleadings outlining their arguments, evidence, and legal basis for their claims or defenses.
4. Oral Hearings: The Tribunal may hold oral hearings where parties present arguments, examine witnesses, and submit additional evidence. Hearings are generally public, but can be private in certain circumstances.
5. Judgment: The Tribunal issues a written judgment, including findings on facts, applicable law, and the decision. Remedies can include rescission of the contested decision, reinstatement, compensation for damages, or other appropriate relief.

United Nations Appeals Tribunal (UNAT):

Mandate:

The UNAT reviews appeals against judgments rendered by the UNDT. It serves as the appellate body for the UN internal justice system, ensuring consistency and fairness in the application of justice.

Structure

• Judges: The UNAT consists of seven judges appointed by the General Assembly for non-renewable seven-year terms.
• Location: The UNAT is based in New York, but also holds sessions in Geneva and Nairobi as needed.

Procedures:

1. Filing an Appeal: Appeals must be filed within 60 days of the UNDT judgment. Grounds for appeal include errors of law, procedural errors, or manifestly unreasonable decisions on the facts.
2. Preliminary Review: The UNAT conducts a preliminary review to determine the admissibility of the appeal.
3. Written Submissions: Parties submit written briefs presenting their arguments and supporting evidence. The appellant argues why the UNDT judgment should be overturned or modified, and the respondent defends the judgment.
4. Oral Hearings: The UNAT may hold oral hearings, allowing both parties to present their cases and respond to questions from the judges.
5. Judgment: The UNAT issues a written judgment, which can confirm, reverse, or modify the UNDT judgment. The decision of the UNAT is final and binding.

Importance and Impact:

• Fairness and Accountability: The UNDT and UNAT provide an independent and impartial forum for resolving employment disputes, ensuring that staff members’ rights are protected.
• Transparency: By adjudicating disputes transparently, these tribunals promote accountability within the UN system.
• Consistency: The appeals process ensures consistency in the application of justice across different cases and tribunals.