FROM FILING TO JUDGMENT

I. PLEADINGS PHASE

Chart of appeals process, which begins with pleading phase.
The appeals process begins with the filing of an appeal by either the staff member or the administration (the “appellant”). Upon receipt of an appeal, the Registry assigns a case number. The respondent has the option of filing a cross-appeal on the same claims and, in this case, the appellant may file an answer to the cross-appeal. The responding party (“respondent”) may file an answer to the appeal. Appeals and answers are referred to as “pleadings” since therein the parties “plead” their arguments. Parties wishing to supplement or amend their pleadings must request to do so by filing a motion to file additional pleadings.

The following may be filed throughout the pleadings phase: Motions for extension, suspension, or waiver of time limits may be filed prior to filing an appeal and/or answer and may also be used to request an extension of time limits set by the Tribunal regarding other filings. Motions for interim measures may be filed at any time including prior to the filing of an appeal. Motions by non-parties may be filed at any time after the appeal has been filed. Motions to withdraw an appeal, however, may be filed only prior to the opening date of the session for which the case has been scheduled for consideration.



II. JUDGMENT PHASE

Chart of appeals process, which continues with the judgment phase.
In the Judgment phase, the cases are assigned to a session and to a panel of three judges. Parties are informed accordingly. A party may file a motion requesting the President recuse a judge on grounds of conflict of interest. UNAT may decide to hold oral hearings during the session. The panels deliberate on their assigned cases. Thereafter, UNAT orally pronounces the outcome of the Judgments. The Registry then enters the Judgments into the official registry, serves them upon the parties, and publishes them on the UNAT website.

A motion to withdraw an appeal may be filed by the appellant if he or she wants to withdraw the appeal; however such filing must be done prior to the opening date of the session for which the case has been scheduled for consideration.

The following may be filed throughout the judgment phase: motion for extension, suspension of waiver of time limits; motion for interim measures; amicus curiae or intervention applications; motion for recusal.



III. POST JUDGMENT PHASE

Chart of appeals process, which continues with the post judgment phase.
After the issuance of the judgments, very limited actions remain available. UNAT Judgments are final and binding upon the parties. After a Judgment has been issued, parties may file applications for correction, revision, or interpretation of the Judgment. Parties may also file applications for execution of a Judgment, if actions ordered therein have not occurred. If any of the above-mentioned applications are filed, the opposing party is given a chance to comment on its content. A judgment will be issued disposing of the Application.


1. CASE NUMBERS

Upon receipt of the first filing, whether it be a motion, appeal, or other kind of application, the filing is opened as a case and assigned a case number by the Registry. All subsequent filings by the parties, and orders and the Judgment by UNAT are filed on the case record under this case number.

Photo of UN Secretariat building.
The UN Secretariat building in New York. UN Photo/MB

2. DOCKET

Once the filings by the parties in a case have been completed (the pleadings phase has concluded), the case is placed on the docket of cases ready for adjudication by UNAT.

3. ASSIGNMENT OF JUDGES (UNAT PANELS)

The President assigns cases to be adjudicated by a panel of three judges. In some circumstances the President will assign all of the Judges (a full bench) to a case.

4. HOLDING OF SESSIONS

UNAT usually holds three sessions a year, in the spring, summer, and winter. The sessions are held in New York, Nairobi, or Geneva (at times at other locations).

5. LETTERS TO PARTIES

As soon as the date of opening of a session at which a case listed for hearing has been fixed, the Registrar notifies the parties thereof. The Registrar also notifies the parties of the composition of the panel of judges to whom a case has been assigned.

6. ORAL HEARINGS

Decisions on requests for oral hearings are usually communicated to the parties before the commencement of a session. The UNAT panel of judges adjudicating a case may hold oral hearings on the written application of a party or on their own initiative, if such hearings would assist in the expeditious and fair disposal of the case. The oral proceedings are held in public unless the judges hearing the case decide, on their own initiative or at the request of one of the parties, that exceptional circumstances require that the oral proceedings be closed. The oral hearing may be held by electronic means. Please see Courtroom Etiquette before participating or attending a UNAT proceeding.

7. DELIBERATIONS

During the scheduled session, the UNAT panel seized of a case engages in closed door private deliberations to reach a decision on the case and draft the Judgment.

8. PUBLIC PRONOUNCEMENT OF CASE OUTCOME

At the end of each session, the judges orally pronounce the outcome of the cases considered during that session, accompanied by simultaneous interpretation in various UN languages. The public pronouncement is open to public attendance and is streamed live on the UN Web TV website.

9. POSTING OF OUTCOME ON WEBSITE

Following the oral pronouncement, the outcome of cases is temporarily published on UNAT’s website (for information purposes only) until the judgments are issued.

10. ISSUANCE OF JUDGMENT

Approximately six to eight weeks after the public pronouncement, the written Judgment is issued and officially entered into the Register by the Registrar. Upon issuance, a copy is transmitted by the Registrar to the parties and the Judgment is published on this website.

POSSIBLE JUDGMENT OUTCOMES

Pursuant to Article 9 of the UNAT Statute, UNAT may order all or any of the following:

  • Rescission of the contested administrative decision;
  • Specific performance;
  • Monetary compensation;
  • Remand of a case to the first instance body whose judgment, order or decision is being appealed, or directly to the Administration or technical bodies.