No. Because Member States have agreed that national courts do not have authority to decide on disputes involving the UN (pursuant to the 1946 Convention on the Privileges and Immunities of the United Nations), personnel are unable to submit a claim before national courts in relation to their workplace dispute. As a result, the UN (including UNOPS) has established an internal justice system to provide its personnel with an alternative mode of resolving workplace disputes. Read more about the UN’s internal justice system.

There are two main ways in which you can seek to resolve your workplace dispute at UNOPS: informally and formally. You can do both simultaneously, but UNOPS encourages its personnel to try to solve disputes through informal means (negotiation and mediation), before resorting to formal litigation.

At any time during the formal resolution process, the personnel member and the decision-maker can attempt to resolve the dispute informally, with or without the assistance of a third party.

For the formal resolution of your dispute, there are several steps involved. Each step has deadlines unique to that step. UNOPS personnel members who want to use the formal appeal mechanisms should be aware, before proceeding, of the required steps, and the sequences of those steps, and the deadlines that must be met for each step.

A management evaluation request (‘MER’) is usually the first formal step. If you are dissatisfied with the outcome of the management evaluation, you may take further steps to formally appeal the contested decision. The steps differ depending on whether you are a staff member or individual contractor.

If you are a staff member your next step would be to submit an application to the UN Dispute Tribunal (UNDT). You can find out more about the UNDT, including the forms you need to fill out and how to submit an application to the UNDT.

If you are an individual contractor, 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).

An administrative decision includes three key elements:

It is taken by the UNOPS Administration (i.e., an authorized decision-maker);
It is unilateral and of individual application to you; and
It carries direct and negative legal consequences to you.

Common types of administrative decisions include non-selection in a recruitment process, non-renewal of a contract, the granting or denial of certain benefits and entitlements, and the issuing of a disciplinary measure such as dismissal, termination of contract, a demotion, and written censure.

An MER is usually the first formal step that you can take to contest an administrative decision that affects you. The scope of the management evaluation extends to the evaluation of the contested administrative decision against the staff member’s or ICA holder’s contract terms and conditions, including all relevant regulations, rules and administrative issuances.

An MER is not required where 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 claim or a medical board). Such decisions can be directly appealed at the UNDT (staff) or in an arbitration tribunal.

At UNOPS, management evaluation is carried out by the Executive Director with the assistance of the Administrative Law Practice of the UNOPS Legal Group. An objective and independent review of the contested decision is carried out by UNOPS legal advisors (who were not part of the decision-making process) and a recommendation is provided to the Executive Director. The Executive Director then decides whether the contested administrative decision was made in accordance with the UNOPS regulatory framework. Where the decision is found to be unlawful, the member of personnel will be provided with a remedy, which could include changing the decision. Where a decision was taken lawfully, the member of personnel will be provided with a reasoned explanation as to why it was considered lawful.

Matters raised through an MER may also be closed informally (where appropriate) under the auspices of the Office of the Ombudsman for Funds and Programmes, or through the facilitation of a settlement between the concerned personnel member and the decision-making office.

To request a management evaluation of the decision you are contesting, you should fill out and send the completed Request for Management Evaluation form to aoj.notices@unops.org.

Yes. A request for management evaluation should be submitted within 60 calendar days from the date of when you received a notification of the administrative decision that you wish to contest. Upon receipt of your request for a management evaluation, the Administrative Law Practice is expected to provide you with a written response within:

30 calendar days of receipt of the request for management evaluation if you are stationed in New York or;
45 calendar days of receipt of the request for management evaluation if you are stationed outside of New York.

Yes. 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). You can find out more about the UNDT, including the forms you need to fill out and how to submit an application to the UNDT. Please pay attention to important timelines for submitting an application to the UNDT.

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 consult your contract for important timelines for initiating arbitration.

Please also note that informal dispute resolution can happen before or during the above appeal process, regardless of whether you are an individual contractor or a staff member.

The Legal Group is not the final decision-maker in a disciplinary process. Under UNOPS legal framework, this authority rests exclusively with the Executive Director. Instead, the Legal Group’s main role is to undertake a legal assessment of the evidence, decide whether to commence a disciplinary process, and to handle this disciplinary process which will include issuing a charge letter to the subject and providing them with an opportunity to respond to the charges.

At the end of this process, the Legal Group will advise the Executive Director on whether misconduct has been legally established and, if so, what disciplinary and/or administrative measure is warranted in the circumstances 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.

All relevant evidence in the case will be considered, including any response provided by the person charged with misconduct during the disciplinary process. Then UNOPS decides (i) what facts are established from the evidence, and (ii) whether the established facts legally amount to misconduct. In undertaking (ii) we consider whether the applicable standard of proof has been met:

Clear and convincing evidence: This is the standard for cases where termination, separation or dismissal is a possible outcome. This standard of proof requires more than a preponderance of the evidence but less than proof beyond a reasonable doubt – it means that the truth of the facts asserted is highly probable.
Preponderance of the evidence: This is the standard of proof for all other types of cases. It requires that it is more likely than not that the facts and circumstances underlying the misconduct exist or have occurred.

Due process is tied to the concept of fairness. Before a personnel member can be sanctioned for misconduct, the personnel member is given the opportunity to respond to allegations of misconduct set out in a charge letter, which includes relevant evidence and information about the allegations to help the personnel member provide an informed response. Any response received is duly considered by the organization before deciding on whether misconduct occurred and, if so, what the appropriate sanction should be in the circumstances. Due process steps are included in the investigation and disciplinary processes at UNOPS – you can read more about those processes in UNOPS Operational Instruction regarding “Investigations and Measures Relating to Misconduct Allegations Against UNOPS Personnel”.

UNOPS Operational Instruction “Personnel Management Framework” sets out a non-exhaustive list of what UNOPS considers amounts to misconduct. Misconduct may include, but is not limited to, the actions listed below, whether willful, reckless or grossly negligent. Unsatisfactory work performance, when it does not rise to the level of gross negligence or recklessness, does not constitute misconduct; consequently, it must be dealt with under the performance assessment procedures. Possible misconduct may include (but is not limited to) the following:

Unlawful acts (e.g., theft, fraud, smuggling, possession or sale of illegal substances or objects);
Assault, workplace harassment, including sexual harassment, or threats to other personnel or third parties;
Sexual exploitation and sexual abuse;
Misrepresentation, forgery, or false certification;
Misuse or mishandling of official property, assets, equipment or files, including electronic files or data;
Action or omission to avoid or deviate from financial regulations and rules and procedures;
Mishandling of contract obligations and relations with third parties leading to loss of property or assets, or generating liabilities for the organization;
Failure to disclose an interest or relationship with a third party who might benefit from a decision in which the personnel takes part;
Favouritism in the award of a contract to a third party;
Breach of fiduciary obligations vis-à-vis the organization;
Misuse of office or abuse of authority;
Breach of confidentiality;
Abuse of United Nations privileges and immunities, including misuse of the United Nations Laissez-Passer (if applicable);
Exaction or acceptance of funds from a colleague or a third party in return for a favour or benefit;
Failure to disclose promptly the receipt of gifts, remuneration or other benefits received from an external source by the personnel in connection with his or her official duties;
Retaliatory action against a complainant or an investigation participant, or other action in violation of the UNOPS Legislative Framework;
Making false accusations and disseminating false rumours;
Direct or indirect use of, or attempt to use, official authority or influence of the personnel’s position or office for the purpose of obstructing an individual from reporting suspected wrongdoing, or cooperating with an audit or an investigation;
Action or omission that will bring the organization into disrepute, except for reporting in good faith suspected wrongdoing pursuant to this document;
Aiding, abetting, concealing or conspiring in any of the above actions; and
Attempting any conduct which, if successful, would constitute misconduct.

In any case of misconduct that has been substantiated by IAIG (all suspected misconduct except retaliation) or the Ethics Office (in relation to retaliation) the Legal Group conducts a thorough review of the evidence to determine whether a disciplinary process should be commenced in the matter.

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, outlining 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, ensuring that due process is respected.

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. The Executive Director then issues a decision.

The sanctions that are typically imposed for different types of misconduct at UNOPS are available in the Annual Reports on Misconduct Cases (reports available here), which also provides transparency and valuable insights into how the organization handles disciplinary matters.

In accordance with Staff Rule 10.2 (a), sanctions on staff members found to have engaged in misconduct include one or more of the following:

Written censure;
Loss of one or more steps in grade;
Deferment, for a specified period, of eligibility for salary increment;
Suspension without pay for a specified period;
Fine;
Deferment, for a specified period, of eligibility for consideration for promotion;
Demotion with deferment, for a specified period, of eligibility for consideration for promotion;
Separation from service, with notice or compensation in lieu of notice and with or without termination indemnity pursuant to Annex III (c) to the Staff Regulations; or
Dismissal.

In determining which of the above sanction(s) to impose, a range of standard factors are considered, such as the nature and gravity of the misconduct, aggravating and mitigating factors, relevant case law and precedents. The sanctions that are typically imposed for different types of misconduct at UNOPS are available in the Annual Reports on Misconduct Cases (reports available here), which also provides transparency and valuable insights into how the organization handles disciplinary matters.

Depending on the nature and gravity of the misconduct and/or breach of their contractual agreement with UNOPS, sanctions imposed on individual contractors found to have engaged in misconduct include one or more of the following:

Recovery of monies owed to the organization;
Recovery for any financial loss attributable to the personnel’s misconduct (fraud, theft), or gross negligence, or recklessness, in the management of funds;
Written censure;
Suspension without pay for a specified period;
Reduction in level and/or sub-level; or
Termination of contract.

In determining which of the above sanction(s) to impose, a range of standard factors are considered, such as the nature and gravity of the misconduct, aggravating and mitigating factors, relevant case law and precedents. The sanctions that are typically imposed for different types of misconduct at UNOPS are available in the Annual Reports on Misconduct Cases (reports available here), which also provides transparency and valuable insights into how the organization handles disciplinary matters.

No. You may however be informed of the outcome of any review or investigation into your report, including whether or not your report was found to be substantiated.

The length of time for completion of the disciplinary process varies depending on the complexity of the matter, the quantity and type of available evidence analyzed in light of the evidentiary standards set by the UN Dispute Tribunal and UN Appeals Tribunal, and any follow-up clarifications that may be required with investigators following referral of the case to the Legal Group.

Administrative leave is an interim measure in which a subject of misconduct allegations is temporarily placed on leave, either with or without pay, by the UNOPS General Counsel. Placement on administrative leave can occur at any time from the moment suspected misconduct is reported or detected until the completion of the disciplinary/administrative process. Placing someone on administrative leave is without prejudice to that personnel member's rights and does not constitute a disciplinary measure. As a general principle, administrative leave may be contemplated in cases where:

The conduct in question and/or the continued presence of the personnel member on UN premises poses or may pose a security risk, or a threat to other UN personnel members or to the organization’s best interest;
The personnel member is unable to continue performing his or her functions effectively, in view of the ongoing investigation or proceedings, and the nature of his or her functions;
The allegation, if true, would mean that the subject of the allegation used their UNOPS position to commit misconduct; and/or
There is a risk of evidence being tampered with or concealed, or of interference with the proceedings.

While on administrative leave, a UNOPS personnel member is required to:

obtain their manager’s written approval if he/she wishes to enter the organization’s premises during the period of administrative leave – permission may be granted if necessary for the preparation of the personnel’s defence or for other valid reason, and such entry shall be under escort;
remain available to be contacted by UNOPS by providing contact information, including contact details when residing outside of the duty station;
remain available for the purpose of investigation or any subsequent disciplinary/administrative proceedings; and
request permission of the Director PCG (through the Ethics Office) to engage in any outside activities while on administrative leave.

You can read more about administrative leave in UNOPS Operational Instruction “Investigations and Measures Relating to Misconduct Allegations Against UNOPS Personnel”.

Le congé administratif est une mesure provisoire par laquelle une personne faisant l’objet d’une allégation de mauvaise conduite est temporairement mise en congé, avec ou sans traitement, par le conseiller ou la conseillère juridique de l’UNOPS. Le placement en congé administratif peut intervenir à tout moment à partir du moment où un cas présumé de mauvaise conduite est signalé ou détecté jusqu’à la fin de la procédure disciplinaire/administrative. La mise en congé administratif ne porte pas atteinte aux droits du ou de la membre du personnel et ne constitue pas une mesure disciplinaire. En règle générale, un congé administratif peut être envisagé dans les cas suivants :

● Le comportement en question ou la présence continue du ou de la membre du personnel dans les locaux des Nations Unies pose ou peut poser un risque pour la sécurité, ou représenter une menace pour les autres membres du personnel des Nations Unies ou pour l’intérêt supérieur de l’Organisation ;

● Le ou la membre du personnel n’est pas en mesure de continuer à exercer ses fonctions de manière efficace, compte tenu de l’enquête ou de la procédure en cours et de la nature de ses fonctions ;

● L’allégation, si elle est avérée, signifierait que la personne faisant l’objet de l’allégation a utilisé son poste à l’UNOPS pour commettre un acte de mauvaise conduite ; et/ou

● Il existe un risque de falsification ou de dissimulation d’éléments de preuve, ou d’interférence avec la procédure.

Pendant son congé administratif, chaque membre du personnel de l’UNOPS est tenu·e d’effectuer les tâches suivantes :

● obtenir l’autorisation écrite de son ou sa supérieur·e hiérarchique s’il ou elle souhaite pénétrer dans les locaux de l’organisation pendant la période de congé administratif : cette autorisation peut être accordée si elle est nécessaire à la préparation de la défense du personnel ou pour toute autre raison valable, et cette entrée doit se faire sous escorte ;

● rester disponible pour être contacté·e par l’UNOPS en fournissant des informations, notamment des coordonnées en cas de résidence en dehors du lieu d’affectation ;

● rester disponible aux fins de l’enquête ou de toute procédure disciplinaire/administrative ultérieure ; et

● demander au Directeur ou à la Directrice du Groupe de gestion du personnel et de la culture organisationnelle (par l’intermédiaire du Bureau de la déontologie) l’autorisation d’exercer toute activité externe pendant son congé administratif.

Pour en savoir plus sur le congé administratif, consultez l’Instruction opérationnelle de l’UNOPS intitulée « Procédures d’enquête et mesures disciplinaires dans le cadre d’allégations de mauvaise conduite visant des membres du personnel de l’UNOPS ».

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