International civil service law
Are you an international civil servant or the staff member of an international organization challenging a decision about your career, pay, contract or administrative situation? Are you facing an internal investigation, disciplinary proceedings or dismissal? International civil service law has its own rules, distinct from national labour law. Her experience within the Office of Legal Affairs of the United Nations in New York and at UNESCO allows Ms Martin to grasp the legal and institutional features of these disputes.
Defending international civil servants before the UN tribunals
A lawyer in Paris, Ms Martin assists serving and former United Nations staff in disputes with their organization. Her work focuses in particular on applications to the United Nations Dispute Tribunal (UNDT) and appeals to the United Nations Appeals Tribunal (UNAT).
She acts in matters relating to careers, performance appraisal, individual administrative decisions, disciplinary proceedings, internal investigations and separation from service, within the limits of her field of practice.
Applications to the UNDT
The UNDT examines, at first instance, certain disputes between serving or former staff and the United Nations, in accordance with its statute and the applicable rules.
Analysis of the file addresses the contested decision, any required internal remedies, the applicable time limits, the available evidence and the legal arguments that may be raised. Particular attention must be paid to admissibility conditions and time limits, which vary with the nature of the decision and the procedure concerned.
Appeals to the UNAT
The UNAT hears appeals against certain decisions of the UNDT, under the applicable texts. The appeal procedure has its own rules, in particular as regards the grounds that may be raised and the time limits for filing.
Examining a possible appeal therefore requires a prior analysis of the decision, its notification, the available legal arguments and the applicable procedural requirements.
An approach tailored to international civil service disputes
Administrative disputes within the United Nations arise in a specific legal and procedural framework. The strategy to adopt depends on the nature of the dispute, the history of the steps taken with the administration and the rules applicable to the procedure contemplated.
Each situation calls for an individual analysis to identify the relevant legal options and the procedural constraints to take into account. Communications and case follow-up can be arranged remotely, including where the staff member is posted abroad.
Frequently asked questions
What is the role of the United Nations Dispute Tribunal (UNDT)?
The UNDT examines, at first instance, certain disputes between the United Nations and its serving or former staff. It rules within its competence and in accordance with the rules governing the United Nations internal justice system.
What is the role of the United Nations Appeals Tribunal (UNAT)?
The UNAT examines appeals against certain decisions of the UNDT, and the other matters within its competence under the applicable texts. The admissibility of an appeal and the grounds that may be raised depend on the contested decision and the applicable procedural rules.
What types of dispute can be brought before the UNDT?
Disputes may concern administrative decisions relating to career, conditions of employment, benefits, disciplinary measures or separation from service. The Tribunal's competence nonetheless depends on the nature of the dispute, the organization concerned and the conditions set out in the applicable texts.
Can a United Nations administrative decision be challenged?
Yes, certain administrative decisions may be challenged through the remedies provided by the United Nations internal justice system. Depending on the decision, a prior internal challenge may be required before seising the UNDT. It is important to identify the appropriate remedy and to check the time limits as soon as the decision is notified.
What are the time limits for seising the UNDT or appealing to the UNAT?
Time limits depend on the procedure concerned, the contested decision and the applicable rules. Certain remedies are subject to specific time limits, in particular for the management evaluation request and for seising the UNDT or appealing to the UNAT. These must be checked quickly: missing them may jeopardise the admissibility of the action.
Is an internal procedure required before seising the UNDT?
In many situations, a management evaluation request must be submitted before seising the UNDT. There are, however, specific rules and exceptions depending on the type of decision and the applicable procedure. The prerequisites specific to the matter should therefore be checked.
Can every UNDT decision be appealed to the UNAT?
No. Appeals are subject to the admissibility conditions and grounds set out in the UNAT statute and the applicable rules. An analysis of the decision and its reasons is needed to determine whether an appeal can be considered and on what legal grounds.