Transcript DLA's Presentation (English)

INTRODUCTION TO
UNRWA’S ADMINISTRATION
OF JUSTICE SYSTEM
June 2011
Presented by:
UNRWA DT Registry
Department 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
A/RES/63/253 (2008)
“Administration of Justice
at the United Nations”
Abolition of
Administrative
Review
Joint
Appeals
Boards
UN
Administrative
Tribunal
Replaced by
Decision
Review
UNRWA
Dispute
Tribunal
UN
Appeals
Tribunal
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 Review
• Decision-reviewer different from decision-maker
• Higher level review
• More rigorous review
Joint Appeals Board
≠
UNRWA Dispute Tribunal
•
•
•
•
•
•
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
UN Administrative Tribunal
≠
UN Appeals 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
JUSTICE
Neutral
Professional
Efficiency
Independent
Transparency
Accountability
DECISION REVIEW
What is appealable?
Discretionary administrative decision
regarding the terms of employment
e.g. non-selection for a post, request for early voluntary
retirement, special leave without pay
Disciplinary sanction
e.g. written censure, suspension without pay, demotion,
dismissal for misconduct
Process of Decision Review
Step 1
Step 2
Step 3
within 60 days of receiving
decision, staff member
submits a written request
for decision review to Field
Office Director
decision review by D/CG or
Field Office Director
staff member receives
written outcome of
decision review within 30
days of receipt of request
for decision review
To: UNRWA Field
Office Director
To: UNRWA Staff
Member
Elements of Decision Review
discretionary 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 Review
disciplinary 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