Legal Group

A management evaluation request (‘MER’) is usually the first formal step that you, as a personnel member, must take to contest an administrative decision that directly affects the terms and conditions of your contract with UNOPS (see the FAQs if you are unsure of what an administrative decision is).  At UNOPS, management evaluation is carried out by the Executive Director with the assistance of the Legal Group. 

Management evaluation involves an objective review of a contested administrative decision. If the decision is found to be unlawful, you will be provided with an acceptable remedy. If it is found that the decision was lawful, you will be provided with a reasoned explanation as to why it was considered lawful.  

You are not required to request management evaluation if the administrative decision being contested (a) involves the imposition of a disciplinary or non-disciplinary measure following the completion of a disciplinary process, or (b) was taken based on the advice of technical bodies (such as the Advisory Board on Compensation Claims or a medical board). In such cases, you can submit an application contesting the administrative decision to the UN Dispute Tribunal (if you are staff) or to an arbitral tribunal (if you are an individual contractor). 

To submit a request for management evaluation, fill out and send the completed Request for Management Evaluation form to aoj.notices@unops.org. This form contains useful links to resources that you may wish to consult before submitting an MER. 

Please pay attention to time limits to submit a MER. You must submit a request for management evaluation within 60 calendar days from the date you received a notification of the administrative decision that you wish to contest. If you are a staff member, a failure to submit an MER on time may bar you from appealing to the UN Dispute Tribunal (read more about UN Dispute Tribunal Time Limits). Upon receipt of your request, you should expect to receive a response within 30 calendar days if you are stationed in New York, or 45 calendar days if you are stationed outside of New York. 

Please also note that informal dispute resolution can happen before or during the MER process. The MER deadline may be extended by UNOPS pending efforts to resolve the matter through the Office of the Ombudsman for UN Funds and Programmes.

If you are a UNOPS staff member and are dissatisfied with the outcome of the management evaluation process, you can submit an application (which is a formal request for judicial review of the contested administrative decision) to the independent UN Dispute Tribunal (UNDT). Find out more about the UNDT, including the forms you need to fill out and how to submit an application here.  See also our FAQs below for more information about obtaining legal advice and assistance. Please pay attention to the 90 day time limit to submit an application to the UN Dispute Tribunal. To work out when the 90 day time limit would start running in your case, please consult the UN Dispute Tribunal’s webpage on time limits.

If you are a staff member and dissatisfied with a judgment or certain orders of the UNDT, you can submit a further appeal to the UN Appeals Tribunal (UNAT). The UNAT is the second and final level of judicial appeal available to staff – its decisions are final. The UNAT considers appeals on very narrow grounds, in particular where it is alleged that the UNDT has exceeded its jurisdiction or failed to exercise it, or that it has made an error on a question of law, fact or procedure. Find out more about the UNAT, including the forms you need to fill out and how to submit an application. Please also pay attention to the time limit to submit an appeal to the UNAT - see the UN Appeals Tribunal’s webpage on time limits. 

Please also note that informal dispute resolution can happen before or during the UN  Dispute and Appeals Tribunal appeal processes. For more information about how to comply with time limits and other obligations whilst engaging in informal dispute resolution, please see the UN Dispute and Appeals Tribunals webpage on time limits.

If you are a UNOPS individual contractor and are dissatisfied with the outcome of the management evaluation process, you can initiate arbitration against UNOPS pursuant to the terms of your Individual Contractor Agreement (please see Annex A of your agreement which includes a clause on arbitration).  Please pay attention to the time limits to commence arbitration set out in your individual contractor agreement.  Please also note that informal dispute resolution of the decision you are contesting can happen before commencing arbitration or during the arbitration process. Please consider speaking with the Office of the Ombudsman for UN  Funds and Programmes about resolution of your dispute before proceeding to arbitration. You can find contact details and more information on the webpage of the Office of the Ombudsman.

When the Ethics Office refers a case involving suspected retaliation by a personnel member, or when IAIG refers a case involving other types of suspected misconduct by a personnel member, the Legal Group conducts a thorough review of the evidence to determine whether or not the evidence indicates misconduct occurred. If the evidence does not indicate the personnel member engaged in misconduct, the case will be closed.

If the evidence indicates the personnel member engaged in misconduct, the Legal Group will start the disciplinary process by issuing a confidential charge letter to the personnel member who was the subject of the allegation. The letter will outline the relevant evidence and specific charges.

The personnel member is then given the opportunity to respond, and their response is carefully and confidentially considered by the Legal Group. Once the response has been considered, the General Counsel will submit a recommendation to the Executive Director on whether or not the evidence legally establishes misconduct occurred, and if so what the appropriate disciplinary and/or administrative measures should be, based on a range of standard factors, such as the nature and gravity of the misconduct, aggravating and mitigating factors, relevant case law and precedents. You can find out more about disciplinary sanctions imposed in the FAQs. 

The Legal Group is also responsible for recovering funds in cases where personnel misconduct has resulted in a financial loss for the Organization. In cases where misconduct involves potentially criminal acts, the Legal Group may recommend the UN refer the matter to national authorities for further legal action.