UN DISPUTE TRIBUNAL TIME LIMITS
There are two key time limits for an application to the UN Dispute Tribunal (UNDT): (1) the time limit for a request for management evaluation (which is usually required (see exceptions*), before filing an application to the UNDT); and (2) the time limit for filing your application to the UNDT to have your dispute considered by the UNDT.
The following table lists both key time limits for the UNDT.
It also lists the time limits for filing an appeal with the UN Appeals Tribunal.
|Request for management evaluation*||60 days after the staff member was notified of the contested administrative decision||Staff rule 11.2 (c)|
|Administration to provide management evaluation||30 days New York Headquarters staff (Geneva Headquarters staff for UNHCR);
45 days Non-Headquarters staff
|Staff rule 11.2 (d)|
|Application to UNDT||90 days from receipt of management evaluation, or 90 days from date evaluation should have been received (namely, 30 calendar days for disputes arising at Headquarters and 45 calendar days for disputes arising at other offices);
90 days from receipt of the administrative decision in cases where management evaluation is not required
|UNDT Statute art. 8.1(i)
UNDT rules of procedure,
|Appeal to UNAT||60 days from receipt of judgment of the UNDT or UNRWA Dispute Tribunal;
30 days from receipt of an interlocutory order of the UNDT or the UNRWA Dispute Tribunal;
90 days from receipt of decision of the United Nations Joint Staff Pension Board
|UNAT Statute, art. 7(1)(c),
UNAT rules of procedure,
|Cross-Appeal to UNAT||60 days from notification of the appeal||UNAT rules of procedure,
* Exceptions to the requirement for management evaluation: A management evaluation request is not required if an Applicant is challenging a disciplinary decision, or one taken by the Administration pursuant to advice obtained from technical bodies, as determined by the Secretary-General. In those cases, an application can be made directly to UNDT.
IF YOU DON’T FILE WITHIN THE STATUTORY TIME LIMITS
Statutory time limits are strictly enforced by the Tribunals; hence it is extremely important that you respect them. If you do not file a request for management evaluation (as applicable) and an application with the UNDT within the statutory time limits listed above, your application will be rejected as not receivable unless exceptional circumstances are set out (see exceptional circumstances).
MORE INFORMATION ON TIME LIMITS
As noted in the table above, the time limit for a request for management evaluation is 60 days from when you received notification of the administrative decision you wish to contest. However, if you are making a claim on behalf of an incapacitated or deceased staff member of the United Nations, you have one calendar year from the date of notification of the administrative decision being contested to file a request for management evaluation. Please also note that the UNDT cannot suspend or waive the deadlines for management evaluation.
Upon receipt of your request for management evaluation, the official or office responsible for conducting the management evaluation is expected to provide you with a written response within 30 calendar days if your duty station is in Headquarters, New York (or Geneva for UNHCR), and within 45 calendar days if your office is located elsewhere. If you do not receive a response to your request for management evaluation within the applicable 30/45 days’ time limit, and you wish to file an application to the UNDT, you must submit your application to the UNDT within 90 calendar days from the date the management evaluation should have been received (but was not).
If the Administration does conduct a management evaluation, and you are not satisfied with the outcome, if you wish to appeal the administrative decision, you must submit an application to the UNDT within 90 calendar days after you received the management evaluation.
TIME LIMIT IF YOU HAVE SOUGHT MEDIATION
Mediation is an option to resolve a dispute informally. This can be pursued before or while a request for management evaluation is made. The management evaluation deadline may be extended by the Secretary-General, upon request of a staff member, pending efforts for informal resolution by the Office of the Ombudsman. If you have sought mediation of your dispute within the deadline for filing an application with the UNDT, facilitated by a mediator from the United Nations Ombudsman and Mediation Service, and no agreement was reached, and you wish to file an application with the UNDT, your application to the UNDT must be filed within 90 calendar days after the mediation broke down, in accordance with procedures laid down in the terms of reference of the Ombudsperson’s Mediation Services.
If you file an application with the UNDT seeking enforcement of the implementation of a mediation agreement, your application must be filed within 90 calendar days after the last day of the implementation specified in the mediation agreement. If the mediation agreement is silent on the matter, your application must be filed within 90 calendar days after the thirtieth day from the date of the signing of the agreement.
See Practice Direction No. 3 on Mediation for more information on the above.
In exceptional cases, you may seek a suspension, waiver or extension of the time limit to submit a UNDT application. You must do so in writing by using the Motion for Extension of Time to File an Application. Your request must set out the exceptional reasons that, in your view, justify your request. Such written request should not exceed two pages in length (excluding the cover page). Note that UNDT cannot suspend or waive the time limits for requesting management evaluation.
For more on time limits see Article 8 of the UNDT STATUTE.
IMPORTANT ARTICLES (EXCERPTS ONLY) IN THE UNDT RULES OF PROCEDURE WHICH RELATE TO TIME LIMITS:
Article 7 Time limits for filing applications
1. Applications shall be submitted to the Dispute Tribunal through the Registrar within:,
(a) 90 calendar days of the receipt by the applicant of the management evaluation, as appropriate;
(b) 90 calendar days of the relevant deadline for the communication of a response to a management evaluation, namely, 30 calendar days for disputes arising at Headquarters and 45 calendar days for disputes arising at other offices; or
(c) 90 calendar days of the receipt by the applicant of the administrative decision in cases where a management evaluation of the contested decision is not required.
Article 34 Calculation of time limits
The time limits prescribed in the rules of procedure:
a) Refer to calendar days and shall not include the day of the event from which the period runs;
(b) Shall include the next working day of the Registry when the last day of the period is not a working day;
(c) Shall be deemed to have been met if the documents in question were dispatched by reasonable means on the last day of the period.
Article 35 Waiver of time limits
Subject to article 8.3 of the statute of the Dispute Tribunal, the President, or the judge or panel hearing a case, may shorten or extend a time limit fixed by the rules of procedure or waive any rule when the interests of justice so require.