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Application Process

 

How to file an application

 

Under article 7 of the Statute of the Tribunal, an application shall not be receivable unless the person concerned has previously submitted the dispute to the joint appeals body provided for in the Staff Regulations and the latter has communicated its opinion to the Secretary-General, except where the Secretary-General and the applicant have agreed to submit the application directly to the Administrative Tribunal.

 

There are four scenarios for filing an application:

 

A.            Administrative decision

 

The JAB has made a recommendation not favourable to the applicant which has been accepted by the Respondent;

 

The JAB has made a recommendation favourable to the applicant which has not been accepted by the Respondent;

 

The JAB has made a recommendation favourable to the applicant which has been partially accepted by the Respondent.

 

 

B.            Disciplinary measure

 

The Respondent has referred a case to the JDC for advice prior to taking disciplinary action;

 

The Respondent has summarily dismissed a staff member under staff regulation 10, second paragraph, who then brought the case to the JDC for recommendation under staff rule 110.4 (c). An application to the Tribunal may be filed:

 

a)             if the recommendation of the JDC was not favourable to the staff member;

b)            if the recommendation was favourable to the staff member, but not accepted by the Respondent.

 

 

C.            Advisory Board on Compensation Claims (ABCC) Classification Appeals Review Committee (CARC) Pension Board (UNJSPB)

 

Applications against decisions taken by the appropriate Respondent on recommendations by these joint bodies may be submitted directly to the Tribunal. These decisions may not be appealed to the JAB, as these bodies are, like the JAB, composed of staff/management representatives and are thus also joint appeals bodies as referred to in article 7 of the Statute. It would be inappropriate for a peer body to substitute its judgement for that of another peer body.

 

 

D.            Direct submissions

 

The Respondent and the staff members agree to submit an application directly to the Tribunal. This will only happen if the facts of the case are not in dispute.

 

 

 

Article 7 of the Rules of the Tribunal sets out how to file an application:

 

1.             Applications instituting proceedings shall be submitted to the Tribunal through the Executive Secretary in any one of the official languages of the United Nations. Such applications shall be divided into four sections, which shall be entitled respectively:

 

I. Information concerning the personal and official status of the applicant;

II.    Pleas;

III. Explanatory statement;

IV. Annexes.

 

Click here for a sample application.

 

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