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Competence

 

 

                                                             ARTICLE  2

 

1.         The Tribunal shall be competent to hear and pass judgement upon applications alleging non-observance of contracts of employment of staff members of the Secretariat of the United Nations or of the terms of appointment of such staff members. The words “contracts” and “terms of appointment” include all pertinent regulations and rules in force at the time of alleged non observance, including the staff pension regulations.

 

2.         The Tribunal shall be open:

 

(a)        To any staff member of the Secretariat of the United Nations even after his or her employment has ceased, and to any person who has succeeded to the staff member's rights on his or her death;

 

(b)        To any other person who can show that he or she is entitled to rights under any contract or terms of appointment, including the provisions of staff regulations and rules upon which the staff member could have relied.


3.         In the event of a dispute as to whether the Tribunal has competence, the matter shall be settled by the decision of the Tribunal.

 

4.         The Tribunal shall not be competent, however, to deal with any applications where the cause of complaint arose prior to 1 January 1950.

 

 

 

ARTICLE 14

 

 

1.         The competence of the Tribunal has been extended to the staff of the Registries of the International Court of Justice and the International Tribunal for the Law of the Sea, and to the staff of the International Seabed Authority upon the exchange of letters between the Secretary-General of the United Nations and the President of the Court, the President of the International Tribunal and the Secretary-General of the Seabed Authority, respectively, establishing the relevant conditions.

 

2.         The Tribunal shall be competent to hear and pass judgement upon applications alleging non-observance of the regulations of the United Nations Joint Staff Pension Fund arising out of the decision of the United Nations Joint Staff Pension Board submitted to the Tribunal by:

 

(a)        Any staff member of a member organization of the Pension Fund which has accepted the jurisdiction of the Tribunal in Pension Fund cases who is eligible under article 21 of the regulations of the Fund as a participant in the Fund, even if his or her employment has ceased, and any person who has acceded to such staff member’s rights upon his or her death;

 

(b)        Any other person who can show that he or she is entitled to rights under the regulations of the Pension Fund by virtue of the participation in the Fund of a staff member of such member organization.

 

3.         The competence of the Tribunal may be extended to any specialized agency brought into relationship with the United Nations in accordance with the provisions of Articles 57 and 63 of the Charter upon the terms established by a special agreement to be made with each such agency by the Secretary-General of the United Nations. Each such special agreement shall provide that the agency concerned shall be bound by the judgements of the Tribunal and be responsible for the payment of any compensation awarded by the Tribunal in respect of a staff member of that agency and shall include, inter alia, provisions concerning the agency’s participation in the administrative arrangements for the functioning of the Tribunal and concerning its sharing the expenses of the Tribunal.

 

4.         The competence of the Tribunal may also be extended, with the approval of the General Assembly, to any other international organization or entity established by a treaty and participating in the common system of conditions of service, upon the terms set out in a special agreement between the organization or entity concerned and the Secretary-General of the United Nations. Each such special agreement shall provide that the organization or entity concerned shall be bound by the judgements of the Tribunal and be responsible for the payment of any compensation awarded by the Tribunal in respect of a staff member of that organization or entity and shall include, inter alia, provisions concerning its participation in the administrative arrangements for the functioning of the Tribunal and concerning its sharing the expenses of the Tribunal.

 

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