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