UN SPECIAL – IN THE COURTS
QUESTIONS & ANSWERS

KIRSTY GRIFFITHS, ITC

I am very happy that UN Special has asked Mr. Marcus Joyce to update us all on the new UN Dispute Tribunal. I had a question that I would like to put forward to him for a possible article. Basically, we find ourselves with a dual system, the UNDT and the ILOAT. Some UN organizations use one and some another. How fair is this for staff? Is one tribunal better than the other? Is it not fair to say that the UNDT is now going to be a better Tribunal since it is in many ways “updated”. Will there be any consideration of precedence between each others cases?

E.g. the expectancy of renewal of contract was very interesting, especially the amount awarded. I think that what they awarded is more than the ILO has ever handed out in any one session since its creation!

Also, what would ever happen in a case where you have two similar cases but the two Tribunals come out with different Judgments based on the same law i.e. opposing interpretations. Can the staff member do anything?