United Nations Dispute Tribunal (UNDT)
Encyclopedia
The United Nations Dispute Tribunal (UNDT) is the court of first instance in the internal justice system of the United Nations
. It became operational on 1 July 2009.
As a first step in the formal system, a staff member who wishes to contest an administrative decision will have to request a management evaluation. When no resolution through informal means can be arrived at, and when the result of the management evaluation is not to the satisfaction of the staff member, the staff member can file an application to the United Nations Dispute Tribunal. The UN Dispute Tribunal operates on a full-time basis and is composed of five professional judges, three full-time and two half-time. It has registries in New York
, Geneva
and Nairobi
.
The UN Dispute Tribunal examines the facts of the case, and conducts, where necessary, oral proceedings. These proceedings are normally held in public. Cases before the Dispute Tribunal are usually considered by a single judge, but in cases that are particularly complex or important a three-judge panel may be convened.
The judgements of the Dispute Tribunal are binding. Both the staff member and the Secretary-General have the right to appeal a judgement rendered by the UN Dispute Tribunal to the United Nations Appeals Tribunal (UNAT)
, in accordance with that Tribunal’s statute. The full Statute of the UN Dispute Tribunal can be found in the annex to General Assembly resolution A/RES/63/253 of 24 December 2008.
On 3 March 2009 the General Assembly elected the first judges of the UN Dispute Tribunal. They are:
Geneva: Mr. Thomas Laker (Germany) - seven-year term
Nairobi: Mr. Vinod Boolell (Mauritius) - seven-year term
New York: Ms. Memooda Ebrahim-Carstens (Botswana) - three-year term
Half-time: Mr. Goolam Hoosen Kader-Meeran (United Kingdom) - three-year term
Ms. Coral Shaw (New Zealand) - seven-year term
On 3 March 2009 the General Assembly elected three ad litem judges to serve on the UN Dispute Tribunal for its first year. They are:
Geneva: Mr. Jean-François Cousin (France)
Nairobi: Ms. Nkemdilim Amelia Izuako (Nigeria)
New York: Mr. Michael Adams (Australia)
On Friday, 18 June 2010 the General Assembly elected Ms. Marilyn Kaman (United States) to serve as an ad litem Judge in the United Nations Dispute Tribunal. Judge Kaman has replaced Judge Michael Adams as of 1 July 2010.
External website of the UNDT: http://www.un.org/en/oaj/dispute/
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
. It became operational on 1 July 2009.
As a first step in the formal system, a staff member who wishes to contest an administrative decision will have to request a management evaluation. When no resolution through informal means can be arrived at, and when the result of the management evaluation is not to the satisfaction of the staff member, the staff member can file an application to the United Nations Dispute Tribunal. The UN Dispute Tribunal operates on a full-time basis and is composed of five professional judges, three full-time and two half-time. It has registries in New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, Geneva
Geneva
Geneva In the national languages of Switzerland the city is known as Genf , Ginevra and Genevra is the second-most-populous city in Switzerland and is the most populous city of Romandie, the French-speaking part of Switzerland...
and Nairobi
Nairobi
Nairobi is the capital and largest city of Kenya. The city and its surrounding area also forms the Nairobi County. The name "Nairobi" comes from the Maasai phrase Enkare Nyirobi, which translates to "the place of cool waters". However, it is popularly known as the "Green City in the Sun" and is...
.
The UN Dispute Tribunal examines the facts of the case, and conducts, where necessary, oral proceedings. These proceedings are normally held in public. Cases before the Dispute Tribunal are usually considered by a single judge, but in cases that are particularly complex or important a three-judge panel may be convened.
The judgements of the Dispute Tribunal are binding. Both the staff member and the Secretary-General have the right to appeal a judgement rendered by the UN Dispute Tribunal to the United Nations Appeals Tribunal (UNAT)
United Nations Appeals Tribunal (UNAT)
The United Nations Appeals Tribunal is the court of second instance in the internal justice system of the United Nations. The first being the United Nations Dispute Tribunal It became operational on 1 July 2009...
, in accordance with that Tribunal’s statute. The full Statute of the UN Dispute Tribunal can be found in the annex to General Assembly resolution A/RES/63/253 of 24 December 2008.
On 3 March 2009 the General Assembly elected the first judges of the UN Dispute Tribunal. They are:
Geneva: Mr. Thomas Laker (Germany) - seven-year term
Nairobi: Mr. Vinod Boolell (Mauritius) - seven-year term
New York: Ms. Memooda Ebrahim-Carstens (Botswana) - three-year term
Half-time: Mr. Goolam Hoosen Kader-Meeran (United Kingdom) - three-year term
Ms. Coral Shaw (New Zealand) - seven-year term
On 3 March 2009 the General Assembly elected three ad litem judges to serve on the UN Dispute Tribunal for its first year. They are:
Geneva: Mr. Jean-François Cousin (France)
Nairobi: Ms. Nkemdilim Amelia Izuako (Nigeria)
New York: Mr. Michael Adams (Australia)
On Friday, 18 June 2010 the General Assembly elected Ms. Marilyn Kaman (United States) to serve as an ad litem Judge in the United Nations Dispute Tribunal. Judge Kaman has replaced Judge Michael Adams as of 1 July 2010.
External website of the UNDT: http://www.un.org/en/oaj/dispute/
Rationale
Because the United Nations is not subject to the jurisdiction of any state, it has its own internal justice mechanisms for administering civil justice, such as in the domains of entitlements and benefits for staff, other contract issues, disciplinary proceedings, etc. In order to ensure the independence of this organ, it is composed not by officials of the Organization, but by judges appointed by the Member States of the United Nations through the United Nations General Assembly, from which UNDT derives its mandate.Other international administrative tribunals
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