i ntroduction to unrwa’ s a dministration of j ustice s ystem june 2011 presented by: unrwa dt...
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General Assembly Resolution A/RES/63/253 (2008) “Administration of Justice at the United Nations”TRANSCRIPT
INTRODUCTION TOUNRWA’S
ADMINISTRATION OF JUSTICE SYSTEM
June 2011
Presented by:
UNRWA DT RegistryDepartment of Human Resources
Department of Legal Affairs
Purpose of Session
1) to assist you, as leaders in your area, to understand the Agency’s new AoJ system; and
2) to enable you to help us to reach out to the Agency’s staff in your area to understand the new system
General Assembly Resolution General Assembly Resolution A/RES/63/253 (2008) A/RES/63/253 (2008)
““Administration of Justice Administration of Justice at the United Nations”at the United Nations”
Abolition of
Administrative Review
Joint Appeals Boards
UN Administrative
Tribunal
Replaced by
Decision Review
UNRWA DisputeTribunal
UN AppealsTribunal
Mediation
Old AoJ ≠
• Administrative review• Joint Appeals Board • UN Administrative Tribunal
New AoJ
• Decision review • UNRWA Dispute Tribunal • UN Appeals Tribunal
• Mediation
Administrative Review
• Decision-reviewer different from decision-maker• Higher level review• More rigorous review
Decision Review
≠
Joint Appeals Board
• Filing in Arabic or English, translation• Legal Officer (Staff Assistance)• Professional and independent judge• Finder of fact, oral hearings and witnesses• Binding decisions, published• Role in assuring accountability
UNRWA Dispute Tribunal
≠
UN Administrative Tribunal
• Same bases for appeal as in old AoJ• Still professional judges, panel of 3• Still final and binding, published decisions• Staff member or Administration can appeal• Mandate regarding accountability
UN Appeals Tribunal
≠
JUSTICE
DECISION REVIEW
What is appealable?
Discretionary administrative decision regarding the terms of employment
Disciplinary sanction
e.g. non-selection for a post, request for early voluntary retirement, special leave without pay
e.g. written censure, suspension without pay, demotion, dismissal for misconduct
Process of Decision ReviewStep 1
within 60 days of receiving decision, staff member submits a written request for decision review to Field Office Director
To: UNRWA Field Office Director
Step 2decision review by D/CG or Field Office Director
Step 3staff member receives written outcome of decision review within 30 days of receipt of request for decision review
To: UNRWA Staff Member
Elements of Decision Reviewdiscretionary administrative decision
• Whether the decision was arbitrary• Whether the decision was motivated by prejudice or
extraneous factors• Whether the decision was flawed by procedural
irregularity or error of law
Elements of Decision Reviewdisciplinary sanction
• Whether the facts on which the disciplinary sanction was based had been established
• Whether the actions legally amount to misconduct• Whether there was any substantive or procedural irregularity• Whether there was an improper motive or abuse of
discretion• Whether the sanction was legal• Whether the sanction was so disproportionate to the offense
or unwarranted as to amount to an injustice