UNITED NATIONS DISPUTE TRIBUNAL

Introduction

The United Nations Dispute Tribunal (UNDT) is the first-instance court of the internal justice system of the United Nations. It was established in 2009 as part of the UN’s efforts to create a more independent, transparent, and professional system for resolving employment-related disputes between the Organization and its staff members. The Tribunal provides access to fair judicial review of administrative decisions that affect the rights of UN personnel.

Jurisdiction & Purpose

The UNDT hears and decides cases filed by UN staff members contesting administrative decisions alleged to be in non-compliance with their terms of appointment or employment contracts.

The Tribunal has jurisdiction over:

  • Disciplinary measures (e.g., dismissal, demotion, written reprimands)
  • Non-renewal or termination of contracts
  • Decisions affecting promotion, performance evaluation, or benefits
  • Harassment and discrimination claims
  • Alleged violations of due process or abuse of authority

It may also consider cases referred to it by the Secretary-General or the UN Appeals Tribunal (UNAT).

Legal Framework

UNDT operates under the authority of the General Assembly and applies:

  • The UN Charter
  • The staff regulations and rules of the United Nations or the relevant entity
  • International administrative law principles
  • Its own Statute and Rules of Procedure

The UNDT functions independently of the UN administration and is part of a two-tier justice system, with appeals heard by the United Nations Appeals Tribunal (UNAT).

Structure & Composition

The UNDT comprises three full-time judges, based in New York, Geneva, and Nairobi, and additional half-time judges as needed. Judges are appointed by the UN General Assembly for non-renewable seven-year terms and are selected from a list of qualified candidates nominated by Member States. They must possess legal qualifications and demonstrated experience in administrative or employment law.

Procedure & Access to Justice

UN staff members must first file a request for management evaluation before initiating formal proceedings at the UNDT. Once that process is complete, an application may be submitted to the Tribunal, generally within 90 calendar days of receiving the outcome of the evaluation or administrative decision.

The UNDT process includes:

  • Written submissions and evidence
  • Oral hearings where necessary
  • Witness testimony and cross-examination
  • Legal representation (self-representation, private counsel, or assistance from the Office of Staff Legal Assistance – OSLA)

The Tribunal may order remedies including rescission of the contested decision, compensation, or specific performance. It also has the authority to award moral damages and costs.

Judgments & Case Law

The UNDT delivers judgments throughout the year. All decisions are published on the UN internal justice website and are accessible to the public. Judgments include factual findings, legal reasoning, and the Tribunal’s conclusions and orders.

Notable Features
  • First-instance tribunal within the UN internal justice system
  • Independent, full-time judiciary
  • Transparent proceedings with published decisions
  • Access to legal assistance through OSLA
  • Oral hearings and fact-finding authority
Resources