As adopted by the Tribunal on 7 June 1950 and amended on 20 December 1951, 9 December 1954, 30 November 1955, 4 December 1958, 14 September 1962, 16 October 1970, 3 October 1972,  1 January 1998,  1 January 2001, and 27 July 2004[1]

Chapter I.       Organization

Article 1

Subject to any contrary decision of the General Assembly of the United Nations, the term of office of members of the Tribunal shall commence on the first day of January in the year following their appointment by the General Assembly.

Article 2

1.         At its plenary session each year, the Tribunal shall elect a President, a first Vice-President and a second Vice-President for one year. The President and Vice-Presidents thus elected shall take up their duties forthwith. They may be re elected.

2.         The retiring President and Vice-Presidents shall remain in office until their successors are elected.

3.         If the President (or a Vice-President) should cease to be a member of the Tribunal or should resign the office of President (or Vice-President) before the expiration of his normal term, an election shall be held for the purpose of appointing a successor for the unexpired portion of the term. In the case of a vacancy of the Vice-President, the President may arrange for the election of a successor by correspondence.

4.         The elections shall be made by a majority vote.

Article 3

1.         The President shall direct the work of the Tribunal and of its secretariat; he shall represent the Tribunal in all administrative matters; he shall preside at the meetings of the Tribunal.

2.         If the President is unable to act, he shall designate one of the Vice Presidents to act as President. In the absence of any such designation by the President, the first Vice-President or, in the event of the latter's incapacity, the second Vice-President shall act as President.

3.         No case shall be heard by the Tribunal except under the chairmanship of the President or one of the Vice-Presidents.

Article 4

1.         The Tribunal shall have an Executive Secretary and other staff placed at its disposal by the Secretary-General of the United Nations.

2.         The Executive Secretary, if unable to act, shall be replaced by an official appointed by the Secretary-General.

Chapter II.      Sessions

Article 5

1.         The Tribunal shall hold a plenary session once a year (normally during the last quarter of the year), for the purpose of election of officers and any other matters affecting the administration or operation of the Tribunal. When, however, there are no cases on the list which in the opinion of the President would justify the holding of a session for their consideration, the President may, after consulting the other members of the Tribunal, decide to postpone the plenary session to a later date.

2.         A special plenary session may be convened by the President when, in his opinion, it is necessary to deal with a question affecting the administration or operation of the Tribunal. Notice of the convening of a special plenary session shall be given to the members of the Tribunal at least thirty days in advance of the date of the opening of such a session.

3.         Four members of the Tribunal shall constitute a quorum for plenary sessions.

4.         The plenary sessions of the Tribunal shall be held at the Headquarters of the United Nations, except that the President may, if circumstances require, fix a different place after consultation with the Executive Secretary.

Article 6

1.         The President shall designate the three members of the Tribunal who, in accordance with article 3 of the Statute, shall constitute the Tribunal for the purpose of sitting in each particular case or group of cases. The President may, in addition, designate one or more members of the Tribunal to serve as alternates.

2.         In conformity with article 4 of the Statute, the Tribunal shall hold ordinary sessions for the purpose of considering cases. An ordinary session of the Tribunal shall be held each year during the period of the plenary session and in the second quarter of the year. Ordinary sessions shall only be held subject to there being cases on the list which by their number or urgency justify, in the opinion of the President, the holding of the session. The decision of the President with respect to the opening of the ordinary sessions shall be communicated to the members of the Tribunal at least thirty days before the convening thereof.

3.         Extraordinary sessions for the consideration of cases may be convened by the President when, in his opinion, the number or urgency of the cases on the list requires such sessions. Notice of the convening of an extraordinary session shall be given to the members of the Tribunal at least fifteen days in advance of the date of the opening of such sessions.

4.         Ordinary and extraordinary sessions of the Tribunal shall be convened at dates and places to be set by the President after consultation with the Executive Secretary.

5.         The Executive Secretary shall send to the members of the Tribunal, designated by the President in accordance with paragraph 1 of this article, the dossiers and other documentation relating to the cases referred to them.

Chapter III.    Written proceedings

Article 7

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.

2.         The information concerning the personal and official status of the applicant shall be presented in the form contained in annex I to these rules.

3.         The pleas shall indicate all the measures and decisions which the applicant is requesting the Tribunal to order or take. They shall specify:

(a)        Any preliminary or provisional measures, such as the production of additional documents or the hearing of witnesses, which the applicant is requesting the Tribunal to order before proceeding to consider the merits;

(b)        The decisions which the applicant is contesting and whose rescission he is requesting under article 9, paragraph 1, of the Statute;

(c)        The obligations which the applicant is invoking and whose specific performance he is requesting under article 9, paragraph 1, of the Statute;

(d)        The amount of compensation claimed by the applicant in the event that the Secretary-General decides, in the interest of the United Nations, to pay compensation for the injury sustained in accordance with the option given to him under article 9, paragraph 1, of the Statute;

(e)        And any other relief which the applicant may request in accordance with the Statute.

4.         The explanatory statement shall set out the facts and the legal grounds on which the pleas are based. It shall specify, inter alia, the provisions of the contract of employment or of the terms of appointment whose non-observance is alleged.

5.         The annexes shall contain the texts of all documents referred to in the first three sections of the application. They shall be presented by the applicant in accordance with the following rules:

(a)        Each document shall be annexed in the original or, failing that, in the form of a copy bearing the words “Certified true copy”;

(b)        Documents which are not in any of the official languages of the United Nations shall be accompanied by a translation into one of the working languages of the United Nations General Assembly;

(c)        Each document, regardless of its nature, shall be annexed in its entirety, even if the application refers to only part of the document;

(d)        Each document shall constitute a separate annex and shall be numbered with an Arabic numeral. The word “ANNEX”, followed by the number of the document, shall appear at the top of the first page;

(e)        The last annexed document shall be followed by a table of contents indicating the number, title, nature, date and, where appropriate, symbol of each annex;

(f)         The words “see annex”, followed by the appropriate number, shall appear in parentheses after each reference to an annexed document in the other sections of the application.

6.         The applicant shall prepare seven copies of the application. Each copy shall contain a statement certifying that it is a true copy of the original application. It shall reproduce all sections of the original, including the annexes. However, the Executive Secretary may grant the applicant permission, at his request, to omit the text of an annex of unusual length from a specified number of copies of the application.

7.         The applicant shall sign the last page of the original application and, in the annexes thereto, each certification made in accordance with paragraph 5 (a) above. He shall also sign, on each copy of the application, the statement referred to in paragraph 6 above. In the event of the applicant's incapacity, the required signatures shall be furnished by his legal representative. The applicant may also, by means of a letter transmitted for that purpose to the Executive Secretary, authorize his counsel or the staff member who is representing him to sign in his stead.

8.         The applicant shall file the duly signed original and seven copies of the application with the Executive Secretary. Where the Secretary-General and the applicant have agreed to submit the application directly to the Tribunal in accordance with the option given to them under article 7, paragraph 1, of the Statute, the filing shall take place within ninety days of the date on which the Secretary-General notifies the applicant of his agreement to direct submission. In all other cases, the filing shall take place within the time limits prescribed by article 7, paragraph 4, of the Statute and by article 22 of these rules.

9.         The time limits specified in the preceding paragraph shall be extended to one year in the case of an application filed by:

(a)        Any person who has succeeded to the staff member's rights on his death; or

(b)        The legal representative of a staff member who is not in a position to manage his own affairs.

10.       If the formal requirements of this article are not fulfilled, the Executive Secretary may call upon the applicant to make the necessary corrections in the application and the copies thereof within a period which he shall prescribe. He shall return the necessary papers to the applicant for this purpose. He may also, with the approval of the President, make the necessary corrections himself when the defects in the application do not affect the substance.

11.       After ascertaining that the requirements of this article are complied with, the Executive Secretary shall transmit a copy of the application to the respondent.

Article 8

1.         The respondent's answer shall be submitted to the Tribunal through the Executive Secretary in any one of the working languages of the United Nations General Assembly. The answer shall include pleas, an explanatory statement and annexes. The annexes shall contain the complete texts of all documents referred to in the other sections of the answer. They shall be presented in accordance with the rules established for the application in article 7, paragraph 5. The number given to the first annex of the answer shall be the number following that given to the last annex of the application.

2.         The respondent shall prepare seven copies of the answer. Each copy shall contain a statement certifying that it is a true copy of the original answer. It shall reproduce all sections of the original, including the annexes. However, the Executive Secretary may grant the respondent permission, at his request, to omit the text of an annex of unusual length from a specified number of copies of the answer.

3.         The representative of the respondent shall sign the last page of the original answer and, in the annexes thereto, each certification made in accordance with article 7, paragraph 5 (a). He shall also sign, on each copy of the answer, the statement referred to in paragraph 2 above.

4.         Within ninety days of the date on which the application is transmitted to him by the Executive Secretary, the respondent shall file the duly signed original and seven copies of the answer with the Executive Secretary.

5.         After ascertaining that the requirements of this article are complied with, the Executive Secretary shall transmit a copy of the answer to the applicant.

Article 9 

1.         The applicant may, within thirty days of the date on which the answer is transmitted to him, file with the Executive Secretary written observations on the answer.

2.         The complete text of any document referred to in the written observations shall be annexed thereto in accordance with the rules established for the application in article 7, paragraph 5. The number given to the first annex of the written observations shall be the number following that given to the last annex of the answer.

3.         The written observations shall be filed in an original and seven copies drawn up in accordance with the rules established for the application in article 7, paragraph 6. The original and the seven copies shall be signed in accordance with the rules established for the application in article 7, paragraph 7.

4.         After ascertaining that the requirements of this article are complied with, the Executive Secretary shall transmit a copy of the written observations to the respondent.

Article 10

1.         The President may, on his own initiative, or at the request of either party, call upon the parties to submit additional written statements or additional documents within a period which he shall fix. The additional documents shall be furnished in the original or in properly authenticated form. The written statements and additional documents shall be accompanied by seven properly authenticated copies.  Any document not drawn up in any of the official languages of the United Nations shall be accompanied by a certified translation into one of the working languages of the General Assembly.

2.         Each written statement and additional document shall be communicated by the Executive Secretary, on receipt, to the other parties, unless at the request of one of the parties and with the consent of the other parties, the Tribunal decides otherwise.

The personnel files communicated to the Tribunal shall be made available to the applicant by the Executive Secretary in accordance with instructions issued by the Tribunal.

3.         In order to complete the documentation of the case prior to its being placed on the list, the President may obtain any necessary information from any party, witnesses or experts. The President may designate a member of the Tribunal or any other disinterested person to take oral statements. Any such statement shall be made under declaration as provided in article 16, paragraph 2.

4.         The President may in particular cases delegate his functions under this article to one of the Vice-Presidents.

Article 11

1.         When the President considers the documentation of a case to be sufficiently complete, he shall instruct the Executive Secretary to place the case on the list. The Executive Secretary shall inform the parties as soon as the inclusion of the case in the list is effected.

2.         As soon as the date of opening of the session at which a case has been entered for hearing has been fixed, the Executive Secretary shall notify the date to the parties.

3.         Any application for the adjournment of a case shall be decided by the President, or, when the Tribunal is in session, by the Tribunal.

Article 12

1.         The Executive Secretary shall be responsible for transmitting all documents and making all notifications required in connection with proceedings before the Tribunal.

2.         The Executive Secretary shall make for each case a dossier which shall record all actions taken in connection with the preparation of the case for trial, the dates thereof, and the dates on which any document or notification forming part of the procedure is received in or dispatched from his office.

Article 13

An applicant may present his case before the Tribunal in person, in either the written or oral proceedings. Subject to article 7 of these rules, he may designate a staff member of the United Nations or one of the specialized agencies so to represent him, or may be represented by counsel authorized to practice in any country a member of the organization concerned. The President or, when the Tribunal is in session, the Tribunal may permit an applicant to be represented by a retired staff member of the United Nations or one of the specialized agencies.

Article 14

The President may, when a party claims that he is unable to comply with the requirements of any rule in this chapter, waive such rule if the waiver does not affect the substance of the application.

Chapter IV.    Oral proceedings

Article 15

1.         Oral proceedings shall be held if the presiding member so decides or if either party so requests and the presiding member agrees. The oral proceedings may include the presentation and examination of witnesses or experts. Each party shall in addition have the right of oral argument and of comment on the evidence given.

2.         In sufficient time before the opening of the oral proceedings, each party shall inform the Executive Secretary and, through him, the other parties, of the names and description of witnesses and experts whom he desires to be heard, indicating the points to which the evidence is to refer.

3.         The Tribunal shall determine the sequence of oral proceedings. The parties shall, however, retain the right to comment briefly on any statement to which they have not replied.

Article 16

1.         The Tribunal may examine the witnesses and experts. The parties, their representatives or counsel may, under the control of the presiding member, put questions to the witnesses and experts.

2.         Each witness shall make the following declaration before giving his evidence:

“I solemnly declare upon my honour and conscience that I will speak the truth, the whole truth and nothing but the truth”.

Each expert shall make the following declaration before making his statement:

“I solemnly declare upon my honour and conscience that my statement will be in accordance with my sincere belief”.

3.         The Tribunal may exclude evidence which it considers irrelevant, frivolous, or lacking in probative value. The Tribunal may also limit the oral testimony where it considers the written documentation adequate.

Chapter V.      Additional documentation during the proceedings

Article 17

The Tribunal may at any stage of the proceedings call for the production of documents or of such other evidence as may be required. It may arrange for any measures of inquiry as may be necessary.

Chapter VI.    Remand of a case under article 9, paragraph 2, of the Statute

Article 18

1.         If, in the course of the deliberations, the Tribunal finds that the case be remanded in order that the required procedure may be instituted or corrected under article 9, paragraph 2, of the Statute, it shall notify the parties accordingly.

2.         The Tribunal shall decide on the substance of the case if, on the expiry of the time limit of two days reckoned from the date of this notification, no request for a remand has been made by the Secretary-General.

Chapter VII.   Intervention

Article 19

1.         Any person to whom the Tribunal is open under article 2, paragraph 2, and article 13 of the Statute may apply to intervene in a case at any stage thereof on the ground that he has a right which may be affected by the judgement to be given by the Tribunal. He shall for that purpose draw up and file an application in form of annex II for intervention in accordance with the conditions laid down in this article.

2.         The rules regarding the preparation and submission of applications specified in chapter III shall apply mutatis mutandis to the application for intervention.

3.         After ascertaining that the requirements of the present article are complied with, the Executive Secretary shall transmit a copy of the application for intervention to the applicant and to the respondent. The President shall decide which documents, if any, relating to the proceedings are to be transmitted to the intervener by the Executive Secretary.

4.         The Tribunal shall rule on the admissibility of every application for intervention submitted under this article.

Article 20

1.         The Secretary-General of the United Nations, the chief administrative officer of a specialized agency to which the competence of the Tribunal has been extended in accordance with the Statute, or the Chairman of the Joint Staff Pension Board, may, on giving previous notice to the President of the Tribunal, intervene at any stage, if they consider that their respective administrations may be affected by the judgement to be given by the Tribunal.

2.         If, in any proceeding, it appears that the judgement of the Tribunal may affect a rule, decision or scale of emoluments or contributions of the common system of a staff administration, the Executive Secretary of the Tribunal shall promptly inform the Executive Secretary of the International Civil Service Commission and enquire whether the Commission wishes to participate in the proceeding.  If the Commission indicates its wish to do so, it shall be provided with copies of all the pleadings and shall be permitted to comment thereon, and also to participate in any oral proceedings.

Article 21

When it appears that a person may have an interest to intervene in a case under articles 19 or 20, the President, or the Tribunal when in session, may instruct the Executive Secretary to transmit to such person a copy of the application submitted in the case.

Chapter VIII.   Applications alleging non-observance of the Regulations of the United Nations Joint Staff Pension Fund

Article 22

Where an application is brought against a decision of the United Nations Joint Staff Pension Board or of the Staff Pension Committee of a member organization, the time limits prescribed in article 7 of the Statute are reckoned from the date of the communication of the contested decision to the party concerned.

Chapter IX.    Miscellaneous provisions

Article 23

1.         The Tribunal may grant a hearing, for purposes of information, to persons to whom the Tribunal is open under paragraph 2 of article 2 of the Statute even though they are not parties to the case, whenever such persons may be expected to furnish information pertinent to the case.

2.         The Tribunal may, in its discretion, grant a hearing to duly authorized representatives of the staff association of the organization concerned.

Article 24

The Tribunal or, in the interval between its sessions, the President or the presiding member may shorten or extend any time limit fixed by these rules.

Article 25

The Executive Secretary shall send twice a year to all members of the Tribunal copies of all the decisions of the Tribunal during the preceding period.

Article 26

All matters which are not expressly provided for in the present rules shall be dealt with by decision of the Tribunal upon the particular case, by virtue of the powers conferred on it by article 6 of the Statute.

Annex I

Form of first section of application drawn up in accordance with article 7

Information concerning the personal and official status of the applicant

1.    Designation of respondent.

2.    Designation of applicant:

(a) Name and first names;

(b) Date and place of birth;

(c) Marital status;

(d) Nationality;

(e) Address for purposes of the proceedings.

3.    Designation, as appropriate, of counsel or staff member representing the applicant before the Tribunal.

4.    Official status of applicant:

(a) Organization of which the applicant was a staff member at the time of the decision contested;

(b) Date of employment;

(c) Title and grade at time of decision contested;

(d) Type of applicant's contract.^a

5.    If the applicant was not a staff member at the time of the contested decision, state:

(a) The name, first names, nationality and official status of the staff member whose rights are relied on;

(b) The relation of the applicant to the said staff member which entitles the former to come before the Tribunal.

6.    The date of the recommendation^a of the joint appeals body relating to the dispute in question.

7.    If the recommendation of the joint appeals body was favourable to the applicant, state either:

(a) The date of the communication^a in which the Secretary-General notified the applicant of his rejection of the recommendation; or

(b) In case there has been no rejection, the date of the communication^a in which the recommendation of the joint body was notified to the applicant.

8.    If the recommendation of the joint body was unfavourable to the applicant, state:

(a) The date of the communication^a in which the recommendation was notified to the applicant;

(b) The date of the communication^a in which the Secretary-General's acceptance of the recommendation was notified to the applicant.

9.    If the joint appeals body did not hear the dispute, state either:

(a) The date of the decision^a referred to in article 22 of the rules and the date of the communication^a in which the decision was notified to the applicant; or

(b) The date of the communication^a in which the applicant was notified of the Secretary-General's agreement to direct submission of the dispute to the Tribunal.

           ^a Indicate between brackets the number of the annex reproducing the relevant document in pursuance of paragraph 5 of article 7.

Annex II

Form of first section of application for intervention drawn up in accordance

with article 19

Information concerning the personal and official status of the intervener

1.    Case in which intervention is sought.

2.    Designation of intervener:

(a)        Name and first names;

(b)        Date and place of birth;

(c)        Marital status;

(d)        Nationality;

(e)        Address for purposes of the proceedings.

3.    Designation, as appropriate, of counsel or staff member representing the intervener before the Tribunal.

4.    Official status of intervener:

(a)        Organization of which the intervener is a staff member;

(b)        Date of employment;

(c)        Title and grade;

(d)        Type of applicant's contract.^a

5.    In case of intervention under article 6, paragraph 2 (d), of the Statute, the intervener shall state:

(a)        The name, first names, nationality and official status of the staff member whose rights are relied on;

(b)        The title under which the intervener claims he is entitled to the rights of the said staff member.^a

^a Indicate between brackets the number of the annex reproducing the relevant document in pursuance of paragraph 5 of article 7.