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Introduction to UNRWA’s Administration of Justice System

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 . to assist you, as leaders in your area, to understand the Agency’s new AoJ system; and

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Introduction to UNRWA’s Administration of Justice System

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  1. Introduction toUNRWA’s Administration of Justice System June 2011 Presented by: UNRWA DT Registry Department of Human Resources Department of Legal Affairs

  2. Purpose of Session • 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

  3. General Assembly Resolution A/RES/63/253 (2008) “Administration of Justice at the United Nations”

  4. Abolition of Administrative Review Joint Appeals Boards UN Administrative Tribunal

  5. Replaced by Decision Review UNRWA Dispute Tribunal UN Appeals Tribunal Mediation

  6. Old AoJ ≠ Administrative review Joint Appeals Board UN Administrative Tribunal New AoJ Decision review UNRWA Dispute Tribunal UN Appeals Tribunal Mediation

  7. Administrative Review • Decision-reviewer different from decision-maker • Higher level review • More rigorous review ≠ Decision Review

  8. 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

  9. 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

  10. JUSTICE

  11. DECISION REVIEW

  12. 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

  13. Process of Decision Review Step 1 within 60 days of receiving decision, staff member submits a written request for decision review to Field Office Director Step 2 decision review by D/CG or Field Office Director Step 3 staff member receives written outcome of decision review within 30 days of receipt of request for decision review To: UNRWA Staff Member To: UNRWA Field Office Director

  14. 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

  15. 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

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