FREQUENTLY ASKED QUESTIONS SR=Staff Rules (100 series) JAB Rules=Rules of Procedure and Guidelines of the Joint Appeals Board at Headquarters, New York, May 2004/Rev.3 Who can file an appeal? Any active or former staff member holding or having held a contract under the 100, 200 or 300 series of the United Nations SRs who feels that an administrative decision has affected his or her terms of employment adversely. See JAB Rule I.A.(25) and (26). What is an administrative decision? According to the UN Administrative Tribunal’s jurisprudence (see, for example, UNAT judgment No. 1157 Andronov), an administrative decision is “a unilateral decision taken by the administration in a precise individual case (individual administrative act), which produces direct legal consequences to the legal order. Thus, the administrative decision is distinguished from other administrative acts, such as those having regulatory power (which are usually referred to as rules or regulations), as well as from those not having direct legal consequences. Administrative decisions are therefore characterized by the fact that they are taken by the Administration, they are unilateral and of individual application, and they carry direct legal consequences. They are not necessarily written… These unwritten decisions are commonly referred to, within administrative law systems, as implied administrative decisions”. What kind of administrative decisions are appealable? An administrative decision, as defined above, when and if it does not observe or directly affects your rights as a staff member under the terms of your appointment, including all pertinent regulations, rules, administrative instructions and issuances. Typically contested decisions are those related to the due process rights in promotion and selection reviews, establishment and modification of entitlements and benefits, non-extension of appointment. I've been informed of a decision in writing, but it hasn't been implemented yet--may I still file an appeal? Yes, you can appeal a decision, which was not yet implemented. Furthermore, after you filed a request for administrative review or appeal against such a decision but before a JAB Panel was established to consider your appeal, you can also file a request for suspension of action on the contested decision, provided you would be able to demonstrate that the implementation of the contested decision will cause direct and irreparable injury to your rights as a staff member (SR 111.2 (c) (i) and (ii)). Due to the logistics of setting up a JAB Panel to hear a request for suspension of action and also time needed to finalize the Panel’s report and get it reviewed/approved by the Secretary-General, never wait until the last minute with the submission of such a request. Remember that once the decision is implemented, your request for suspension of action on such a decision will automatically become moot. What is “irreparable injury”? Currently the UN Staff Regulations and Rules do not contain a definition of “irreparable injury” for the purposes of Staff Rule 111.2 (c) (ii). Therefore, the only guidance available for you and for the JAB Panels, are definitions provided by specialized dictionaries of legal terms, like, for example, online law dictionary at law.dictionary.com, where “irreparable damage or injury” is defined as “the type of harm which no monetary compensation can cure or put conditions back the way they were, such as cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, or a host of other actions or omissions”. Definitions provided in most popular and respected general dictionaries of current language, like, for example, the New Oxford Dictionary of English, may also be useful and helpful. Can the JAB reevaluate my performance appraisal? No. According to Staff Rule 111.2 (k) a JAB Panel does not have competence to review questions of relative efficiency, like, for example, staff member’s performance. Also according to ST/AI/2002/3, the PAS ratings resulting from an appraisal that has not been rebutted, or from the rebuttal process, may not be subject to further appeal to JAB. However, you may appeal administrative decisions that stem from any final performance appraisal and that affect your conditions of service. If you want your PAS appraisal to be reevaluated on the merits, you will have to file a rebuttal statement and request establishment of a Rebuttal Panel. Can I appeal against the decision to separate me from the Organization on the grounds of unsatisfactory performance? Yes, you can appeal against such a decision. However, the JAB’s review of your case will only be limited to the evidence that the decision was motivated by prejudice or by some other extraneous factor with the burden of proof of prejudice or bias being on you. I didn't get the promotion I wanted even though I'm obviously more qualified than the successful candidate -- can the JAB look at my superior credentials and give me my promotion? No. While you can, in principle, appeal against the decision not to promote you (or not to select you for the post), the JAB will not have competence to look at your qualifications and suitability for the post as such or in relation to other candidates. As already explained above with regard to other actions/decisions on grounds of inefficiency or relative efficiency, the JAB can only consider the evidence to be presented by you that the decision was motivated by prejudice and/or bias and/or was carried out/taken with serious violations of the established process. The substantive question of efficiency does not fall within the JAB mandate. How do I file an appeal? See How to file an appeal. In what languages may an appeal be filed? Submissions to the JAB may be in either English or French unless specifically authorized (JAB Rule III.I.2). How much time do I have to file an appeal? As a first step, you must address a letter to the Secretary-General requesting that the administrative decision in question be reviewed. Such a request shall be submitted within two months from the date you received notification of the decision in writing. The staff member shall submit a copy of the letter to the executive head of his or her department, office, fund or programme.* (SR 111.2(a)), or, in the case of an unwritten (implied) administrative decision, within two months from the date you knew or should have known of that unwritten decision. Your time limit for submitting your statement of appeal will depend on whether you receive a reply to your request for administrative review (SR 111.2(a)(i)) or not (SR 111.2(a)(ii)). I don't think I can have my statement of appeal finished on time. Can I get an extension? You can ask for an extension of the existing deadline for submitting your appeal. To do that, you should send as soon as possible a written request either to the Presiding Officer of the JAB or to the Secretary of the JAB Secretariat, wherein you should briefly describe the contested decision, when and by whom it was made, when and how you were notified about it as well as the difficulties for submitting your appeal within the established time-limits. Alternatively, you may send us a completed appeals form (JAB Rule III.E). It is highly desirable that you submit your request for extension, if any, at least one week before the official deadline so that to give sufficient time to review your request and notify the Respondent Representative. Note that only one extension would be allowed for a maximum of one month. Does the appeals process require that I appear for a hearing? No. Staff Rule 111.2 (i) allows a staff member to arrange to have his/her appeal presented to the panel on his or her behalf by counsel. It is up to a JAB panel to determine whether there is a need for a hearing. How long does the appeals process take? See JAB Timeline. May I retain counsel? Yes. Any person in good standing, whether inside the UN system or not, may serve as counsel for assistance in presenting, settling or conciliating an appeal or request for suspension of action (SR 111.2(i)). You can find such a person totally on your own or through the Office of the Coordinator of the Panel of Counsel. Does the UN offer counsel for free? Yes. Counsels available through the Office of the Coordinator of the Panel of Counsel are expected to provide their assistance free of charge. The Panel of Counsel is basically a roster of qualified counsels who have agreed to volunteer their time to assist Appellants in preparing and presenting their appeals. The Office of the Coordinator of the Panel of Counsel is located at Headquarters in room S-1B-1. The Coordinator’s phone number is 212-963-3954 and fax number is 212-963-0252. E-mail inquiries shall be sent to the following address: claxton@un.org. Can the JAB reverse an administrative decision? No. The JAB is an advisory body and only makes recommendations in the form of JAB Panel’s reports which are forwarded to the Secretary-General, who then makes the final decision (SR 111.2(p)). What rules govern the appeal process? Article XI of the Staff Regulations, Chapter XI of the Staff Rules and the Rules of Procedure and Guidelines of the Joint Appeals Board at Headquarters duty station. Do I get a copy of the JAB's report after my case has been completed? Yes. A copy of the JAB report on your case shall be provided to you by the Secretary-General’s Representative together with the Secretary-General’s final decision on the JAB Panel’s report. The JAB's report recommended against my appeal, and the Secretary-General agreed. Is there anything I can do now? Yes. You may submit an application to the United Nations Administrative Tribunal within 90 days of receiving the Secretary-General's decision. The JAB's report recommended in favour of my appeal, and the Secretary-General disagreed. Is there anything I can do now? Yes. Once again, you may submit an application to the United Nations Administrative Tribunal within 90 days of receiving the Secretary-General's decision. I was notified by the JAB that my case was completed and its report submitted to the Secretary-General, but I still don't know the Secretary-General's final decision. May I still submit an application to the United Nations Administrative Tribunal? Yes. If the Secretary-General failed to make a decision on the JAB report within thirty days following receipt of the report, you may file an application to the United Nations Administrative Tribunal within 90 days reckoned after the 30 days. To do that you must first request a copy of the JAB Panel report on your case directly from the JAB Secretariat. (SR 111.2(q)). Updated 6 May 2005. * Updated 1 January 2006..