1 january 1998
Regulation 11.1 Appeals
The Secretary-General shall establish administrative machinery with staff participation to advise him in case of any appeal by staff members against an administrative decision alleging the non-observance of their terms of appointment, including all pertinent Staff Regulations and Staff Rules, or against disciplinary sanctions.
Rule 11.1.1 Appeal Board
1. The administrative machinery provided under Regulation 11.1 shall consist of an Appeal Board.
2. a) A staff member who, under the terms of Regulation 11.1, wishes to appeal against an administrative decision, shall as a first step address a letter to the Secretary-General with a copy to the Director of the Bureau in which he serves, requesting that the administrative decision be reviewed. Such a letter must be sent within six weeks from the time the staff member received notification of the decision in writing.
b) If the staff member wishes to make an appeal against the decision contained in the answer received from the Secretary-General, he shall submit his appeal in writing to the Chairman of the Appeal Board within three months from the date of receipt of that decision. If no reply has been received from the Secretary-General within six weeks of the date on which the letter referred to in paragraph a) above was sent, the staff member shall, within the six following weeks, submit his appeal in writing to the Chairman of the Appeal Board. In both cases the procedure shall be as provided under paragraph 4 below.
c) An appeal shall not be receivable by the Appeal Board unless the above time limits have been met; the Board may, however, waive the time limits in exceptional circumstances.
3. The Appeal Board, which shall be assisted by a Secretary appointed for a period of two years by the Secretary-General, shall, when meeting, be composed of:
a) a Chairman or alternate; the Appeal Board shall be chaired by the alternate Chairman in the event of the Chairman's absence or the examination of cases which concern a staff member from the General Secretariat, when the Chairman is a member thereof, from the same Bureau as the Chairman.
b) a member or alternate from the General Secretariat or, as appropriate, the Bureau to which the appellant belongs;
c) a member representing the staff.
The designations shall be made as follows:
d) the Chairman and alternate shall be appointed for a period of two years by the Secretary-General in consultation with the Staff Council from among elected or other high-ranking officials;
e) a member and alternate shall be appointed for a period of two years by the Secretary-General from among the staff members of the General Secretariat and each Bureau;
f) four members representing the staff elected from among staff members shall be appointed for a period of two years by the Secretary-General.
4. The procedure of the Appeal Board shall be as follows:
a) a staff member wishing appeal shall set down his complaints in writing and send them to the Chairman of the Appeal Board (with a copy to the Secretary-General or to the Director of the Bureau in which he serves, where appropriate), who shall submit this document immediately to the Secretary-General for a written reply. The Secretary-General shall send his reply to the Chairman of the Board, with a copy to the appellant, within four weeks of the date on which the written appeal was submitted to the Secretary-General;
b) a staff member who submits an appeal shall at all times be entitled to request assistance by any person he chooses;
c) the deliberations of the Appeal Board shall begin, at the latest, seven weeks from the date on which the written appeal was submitted;
d) if it that it cannot deal appropriately with the appeal on the basis of the written submission, the Appeal Board may decide to hold oral proceedings, in which case these shall take place in the presence of both parties;
e) the report of the Appeal Board containing its conclusions and recommendations shall be sent to the Secretary-General, subject to subparagraph f) below, within 10 weeks of the date on which the appeal was submitted; a copy of the report shall be transmitted immediately by the Secretary-General to the appellant and to the Director of the Bureau concerned, where appropriate;
f) in a case of force majeure, the Board (or, if the latter cannot be convened immediately, its Chairman) may extend the time limits stipulated in subparagraphs a), c) and e) of the present paragraph; however, the total duration of the procedure in any particular case shall not exceed 14 weeks from the date on which the appeal was submitted. In the event of any such extension granted by virtue of the present subparagraph, both parties shall be informed accordingly.
5. The opinions and recommendations of the Appeal Board shall be advisory in character. The Secretary-General shall however give due consideration to such opinions or recommendations in making decisions on cases of appeal. The Secretary-General shall take the decision within 60 days of receiving the Appeal Board's report.
Regulation 11.2 Administrative tribunals
A staff member shall be entitled to appeal to the Administrative Tribunal of the International Labour Organization, as provided in the Statute of the Tribunal, and to the United Nations Administrative Tribunal with regard to appeals concerning the United Nations Joint Staff Pension Fund.
Rule 11.2.1 Administrative tribunals
a) Any staff member of the Union shall have the right to appeal to the Administrative Tribunal of the International Labour Organization, which shall be competent to deal with cases affecting Union staff members, and to the United Nations Administrative Tribunal for cases affecting the United Nations Joint Staff Pension Fund. Such appeals shall be made in conformity with the Statutes and Rules of the Tribunals, as accepted by the Council of the Union.
b) Appeals with which the Administrative Tribunal of the International Labour Organization may have to deal are those alleging non-observance in form or substance of the provisions of contracts, of the Staff Regulations and Staff Rules, and of the Regulations of the Staff Superannuation and Benevolent Funds. Appeals with which the United Nations Administrative Tribunal may have to deal are those alleging non-observance in form or substance of the provisions of the Regulations of the United Nations Joint Staff Pension Fund.
c) Unless expressly authorized otherwise by the Secretary-General, no appeal shall be made to the Tribunals before the appeal procedure within the Union itself, prescribed in Regulation 11.1 and in the corresponding provisions of the Regulations and Rules of the Staff Superannuation and Benevolent Funds or of the United Nations Joint Staff Pension Fund, has been exhausted.