What are discretionary powers? Are there limits? - September 2023
In the employment law of international organizations, discretionary power (or discretionary authority) refers to an organization’s power to make a choice among a range of acceptable possibilities. In simpler words, this refers to an organization’s “freedom to act” when taking decisions about its staff.
Reporting Sexual Harassment in the Workplace - August 2023
“Harassment of any type is antithetical to the principles of the United Nations (UN), and sexual harassment in particular undermines its credibility and degrades its staff. Five years after the UN Secretary-General established the Chief Executives Board for the Coordination Task Force on Addressing Sexual Harassment (Task Force), addressing and effectively investigating sexual misconduct within the UN system remains a persistent challenge.”
L'obligation des organisations internationales de respecter les promesses faites aux agents - May 2023
Il ressort de la jurisprudence du TAOIT que les organisations internationales ont l’obligation de respecter les promesses qu’elles ont faites à leurs agents. Pour être prise en compte par le Tribunal, toute promesse doit satisfaire un certain nombre de conditions.
Performance evaluations in UN organizations - October 2022
Staff members of international organizations are generally subject to periodic evaluations of the performance of their assigned duties and responsibilities. These performance evaluations or appraisals can be considered cumbersome and tedious by staff members and their managers alike and may be treated as a Pro-forma exercise. However, indifference on the part of the staff members can make negative appraisals difficult to challenge.
COVID 19 Vaccination Requirements and the International Civil Service - September 2022
Government actions related to COVID-19 (quarantines, social distancing requirements and lockdown measures) and measures to ensure that citizens are vaccinated against COVID-19 have directly and indirectly impacted the lives of international civil servants. In particular, staff members have been impacted by new rules and practices implemented by their employers to address COVID-19 and align practices with their host governments.
Blowing the whistle: protections and policies on reporting wrongdoing - June 2022
What is “whistle-blowing”?
Whistleblowing refers to the process by which an individual reports wrongdoing within an organisation, such as discrimination, abuse or financial misconduct. Whistleblowing usually relates to serious and widespread concerns within an organisation and should be distinguished from workplace grievances, which are matters of personal interest and do not impact upon the broader organisational culture.
La réparation du préjudice dans les cas avérés de harcèlement selon la jursprudence du TAOIT - Feb 2022
La victime de harcèlement (sexuel ou moral) qui cherche à obtenir justice, d’abord au sein de sa propre Organisation et par la suite devant la juridiction compétente, se doit d’entreprendre un « parcours du combattant » long et difficile. Une fois que la victime a obtenu la reconnaissance du harcèlement subi, il lui est loisible de demander et obtenir réparation pour le préjudice subi (matériel et moral), à la condition d’en fournir la preuve. La jurisprudence du TAOIT fournit des indications utiles quant à la façon de calculer la réparation pour préjudice moral.
MODULAW - Case Law Digest and Catalogue of International Organizations - January 2022
Publications from MODULAW Partnership
Alex Haines successful against IMO's Applications for Interpretation of Judgment before the UNAT - December 2021
On Friday 19th November 2021, the UNAT in New York – sitting as a full bench (i.e., all seven judges) – released its 29th October 2021 Judgment No. 2021-UNAT-1148 in the case of Fogarty, Sheffer, Spinardi, Dispert and Hoe (Respondents) v Secretary-General of the IMO (Applicant) (the “2021 Judgment”). Mr Haines represented Mr Sheffer, Ms Dispert and Ms Hoe.
Disciplinary Systems (Part 2): Disciplinary Committee best practices - August 2021
Most International Civil Servants know little about the disciplinary processes of their respective employer organization. This is likely because the specific legal and procedural framework that applies to a disciplinary situation is usually only relevant if that employee is accused of misconduct.
Sheds Light on Determining the Lawfulness of Disciplinary Sanctions and Administrative Measures Following Investigations into Misconduct
The United Nations Dispute Tribunal (Judge Joelle Adda) recently decided in favour of a staff member who contested a decision to apply a disciplinary sanction and administrative measure following an investigation by the Office of Internal Audit and Investigations (OIAI) when there was scant and contradictory evidence of her having committed the misconduct alleged.
Recent decisions of the UN Appeal Tribunal on Pensions Issues
The United Nations Appeals Tribunal is vested with jurisdiction to hear appeals from decisions of the Pension Board or its Standing Committee under Article 48 of the Pension Fund Regulations. With regard to appeals of decisions on benefits and entitlements that have been considered for review by the Pension Fund, the Tribunal’s strict interpretation of UNJSPF Regulations has been evident in several decisions over benefits for surviving spouses in cases of remarriage.
Non- Renewal of appointment for unsatisfactory service
Recent case law of the ILO Administrative Tribunal seems to depict a tendency towards an increasing scope of judicial review by the Tribunal regarding decisions of non-renewal of fixed-term appointments for unsatisfactory service.
Non-Renouvellement de contrat pour des raisons de non-performance
Des décisions récentes du Tribunal administratif de l’OIT semblent illustrer une tendance à l’accroissement de son pouvoir contrôle sur les décisions de non-renouvellement de contrat à durée déterminée pour insuffisance professionnelle.
Sick Leave and You - Mar 2021
"Sick Leave and You" as an International Civil Servant
Your rights and what you should know!
La notion de harcèlement institutionnel - Feb 2021
La notion de harcèlement institutionnel dans la jurisprudence du TAOIT
The four Ws of informal dispute resolution - Feb 2021
The Four Ws of Informal Dispute Resolution: What, Why, When and Who
Disclosure of Evidence in Disciplinary Cases - Feb 2021
When the Exception Becomes the Rule:
Disclosure of Evidence in Disciplinary Cases
Commensurate financial damages at the ILOAT - Jan 2021
Commensurate financial damages at the ILO Administrative Tribunal: a work in progress
No-one is Judge in His Own Cause - Dec 2020
The UNAT and the applicability of the principle “nemo iudex in causa sua” or “no-one is judge in his own cause”
Duty of Care Legal Brief - Dec 2020
The Content of Organizations’ Duty of Care within the UN System: Insights from Relevant Internal Legal Sources and Prospective New Developments
Importance of Addressing Performance Issues Often and Early - Nov 2020
Importance of Addressing Performance Issues Often and Early;
Lessons from ILOAT Judgment No. 4289 (S. v. ICGEB)
Requirement to Produce Evidence of Harassment - Oct 2020
UN Policy Requiring Claimants to Produce Evidence of Harassment
As a Condition of Receiving Appendix D Benefits Under Challenge at UNDT
Sexual harassment - Sep 2020
ILO Administrative Tribunal Provides Guidance on Proving He Said/She Said
Sexual Harassment Claims in Judgment No. 4207 (sitting en banc)
Members of the International Justice Council
New panel of the Internal Justice Council is now fully composed.
Review of the Jurisdictional Setup of the UN
In its resolution 74/255 B, the General Assembly requested the Secretary General, “in his capacity as Chair of the United Nations System Chief Executives Board for Coordination, to conduct a review of the jurisdictional set-up of the common system. The report provides an overview of the establishment and evolution of the two tribunal systems, past efforts to address the challenges, a survey of the jurisprudence of the International Labour Organization Administrative Tribunal and the United Nations tribunals and options to address the issue of inconsistent implementation of ICSC decisions and recommendations, and the preliminary views of stakeholders as to whether those options should be further explored.
List of FICSA Members and their Tribunal
This non exhaustive list captures all the FICSA Member organizations and which administrative tribunal they are subject to. To provide any updated information, please write to us at ficsa@un.org
Joint Inspection Unit - Harmonization of the Statutes of the United Nations Administrative Tribunal and the International Labour Organization Administrative Tribunal (JIU/REP/2004/3)
Read this report with its four recommendations on how the UNGA should bring UNAT's practices to bring it into conformity with the ILOAT statutes.
Guidelines for staff representatives about a neutral appeal instance process within the internal justice system (ILOAT and UNAT)
Recommendation reference: FICSA/C/73/D/2
