Who can file an application with the UNRWA DT?
Can I file an application with the UNRWA DT if the UNRWA employed me only for a few days or weeks?
What kind of decision can I challenge?
What steps must I take before filing an application with the UNRWA DT?
How can I file an application?
What language can I use?
What are the deadlines to request decision review of the contested administrative decision?
What are the time limits for filing an application?
If I am short of time, can I ask for an extension of the time limits?
Does the UNRWA DT provide legal or financial assistance to applicants?
Do I have to be represented by a lawyer?
Do I have the right to be heard in person or to call witnesses?
Can a third party intervene?
What happens after an application is filed?
Can my case be heard as a priority?
What remedies can the UNRWA DT order, or how can the UNRWA DT correct a wrongful administrative decision?
Can an applicant be reimbursed for costs, such as attorney’s fees and other associated expenses?
How long does it take the UNRW DT to render a judgment on an application?
May I ask the UNRWA DT to treat my name and data confidentially / that my identity do not appear in the judgment?
When are oral hearings held?
Who can file an application with the UNRWA DT?
You can file an application with the UNRWA DT if you are a staff member or former staff member who considers that there has been an administrative decision that violates your rights as an employee of the Organisation. Note that it is most often desirable to first try to solve the conflict by informal means, such as mediation. You can also submit an application if you are a person making claims in the name of an incapacitated or deceased staff member of the Organisation.
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Can I file an application with the UNRWA DT if the United Nations employed me only for a few days or weeks?
As an UNRWA staff member, you may file an application with the UNRWA DT no matter how long your contract is. But note that if you are an intern, volunteer or complimentary personnel, you do not have access to the UNRWA DT, even though you may request a decision review of the administrative decision.
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What kind of decision can I challenge?
The authority of the UNRW DT is limited to what is called an “administrative decision” that you believe to be in non-compliance with the terms of your appointment or your employment.
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What steps must I take before filing an application with the UNRWA DT?
Before submitting an application to the UNRWA DT, a staff member or former staff member must submit a request for decision review (See Forms) to the Registrar of the UNRWA DT at Registrar-unrwa.dt@unrwa.org.
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How can I file an application?
An Application form is available for use in filing your appeal in both English and Arabic. See Forms
If you choose not to use this form, your application must comply with the requirements of article 4 of the UNRWA Dispute Tribunal Rules of Procedure and it must include:
- Your full name, date of birth and nationality,
- Your employment status (Department, Office, Section) or relationship to the staff member if relying on his or her rights,
- The name of your legal representative (attach authorisation),
- The physical and electronic address for service of documents,
- Date and place of the contested decision (attach contested decision, if any),
- The action and the remedies sought,
- Any supporting documentation (annexed and numbered).
If your application does not meet these requirements, the Registrar may set a time limit for you to comply with them.
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What language can I use?
You may file your application in English or Arabic.
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What are the deadlines to request for a decision review of the contested administrative decision?
Within 60 days of the receipt of the administrative decision that you wish to contest, you must submit your request for decision review.
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What are the time limits for filing an application?
If you are not satisfied with the outcome of the decision review and you wish to appeal the administrative decision to the UNRWA DT, you must submit an application to the UNRWA DT within 90 calendar days after you received the outcome of the decisions review.
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If I am short of time, can I ask for an extension of the time limits?
You may request an extension of time limits to file your application by using the relevant forms (See Forms) and state your reasons. A request for extension of time limits should be filed through the Registrar. The Judge will then decide whether she/he will allow the extension. Note that the Tribunal may suspend or waive the deadlines for a limited period of time and only in exceptional cases.
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Does the UNRWA DT provide legal or financial assistance to applicants?
A neutral and independent Staff Legal Officer / Staff Assistance is provided to staff if they choose. It is required to first fill out an authorisation form which can be found on the AoJ Intranet site See Forms.
All inquires for the time being can be sent to the Interim Staff Legal Officer at H.Abu-hijleh@unrwa.org
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Do I have to be represented by a lawyer?
No, you may also represent yourself or ask another staff member or former staff member to represent you. It is desirable to have professional legal assistance and you may retain, at your own expenses, a private counsel, who has to be authorised to practice law (admitted to the bar) in a national state.
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Do I have the right to be heard in person or to call witnesses?
As such, you do not have a right to be heard in person or call witnesses. But you may request the Judge about this, who will then decide whether or not she will allow it.
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Can a third party intervene?
Yes, if that party has a legitimate interest in the outcome of the proceedings.
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What happens after an application is filed?
The next step in the process is that the Administration, called the Respondent at the UNRWA DT level, must submit its written reply to your application within 30 calendar days of its receipt. After you have sent your application and the Respondent has replied, the Judge assigned to the case will decide how to further proceed with it. Please see Guidelines for filing an application.
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Can my case be heard as a priority?
There are no rules about giving priority to any special cases. The handling of the case depends on the Judge.
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What remedies can the UNRWA DT order, or how can the UNRWA DT correct a wrongful administrative decision?
The UNRWA DT can order the Administration to rescind the administrative decision, order specific performance, and/or provide the staff member with compensation for the breach of her/his employment contract . Specific performance means that the administration is ordered to carry out an obligation it has according to the employment contract and which it has refused to do.
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Can an applicant be reimbursed for costs, such as attorney’s fees and other associated expenses?
In cases where the UNRWA DT finds that the Administration has “manifestly abused” the UNRWA DT proceedings, it may award costs to the applicant. This may, for example, include expenses such as attorney’s fees and other associated expenses.
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How long does it take the UNRWA DT to render a judgment on an application?
There is no set timeframe for how long a case takes before the UNRWA DT. It not only depends on the case and its complexity, but also on how the parties themselves manage the proceedings and on the overall caseload of the UNRWA DT.
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May I ask the UNRWA DT to treat my name and data confidentially / that my identity do not appear in the judgment?
The last name of the staff member appealing the administrative decision will appear on the cover page of the judgment, but otherwise the UNRWA DT will protect personal data. For instance, this will be done by redacting names of witnesses or managers from the version of the judgment that is published while the parties will receive a non-redacted copy. In exceptional cases, the UNRWA DT may decide also to redact the name of the staff member. You may ask the UNRWA DT for having the judgment redacted, but it will be up to the Judge to make the decision. Your request must be timely (i.e. prior to the issuance of the judgement).
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When are oral hearings held?
The Judge decides whether to hold oral hearings in the case. If no such hearing has been scheduled in your case, you may request the Judge to do so, but it is for her to decide whether it is necessary. Hearings will be open to the public, unless matters of sensativity require private proceeedings, in which the Judge can order a closed court.
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