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83

and indicate how implementation would directly and irreparably injure the staff member’s rights;

(ii) Upon receipt of such a request, a panel of the Board shall be promptly constituted and shall act expeditiously. If, after considering the views of both parties, the panel determines that the decision has not been implemented and that its implementation would result in irreparable injury to the appellant, it may recommend to the Secretary-General the suspension of action on that decision:

a. Until the time limits specifed in subparagraph (a) (i) or (ii) have passed without an appeal having been fled; or b. If an appeal is fled, until a decision on the appeal is taken; (iii) The Secretary-General’s decision on such a recommendation is not subject to appeal.

(d) An appeal pursuant to paragraph (a) or a request for suspension of action pursuant to paragraph (c) above shall be fled with the Joint Appeals Board which shall forthwith submit a copy of the appeal or the request to the Secretary-General. (e) (i) For the consideration of each appeal, the Chairman of the Joint

Appeals Board shall constitute a panel of the Board, composed as follows:

a. Apanel chairperson, which shall be either the Chairman or one of the members of the Board;

b. A member selected from among those appointed by the Secretary-General;

c. A member selected from among those elected by the staff; (ii) No person who has assisted the Secretary-General in a conciliation procedure referred to in paragraph (b) shall serve on a panel established to consider an appeal relating to the same case; (iii) Before a panel undertakes consideration of an appeal, the parties shall be notifed of the proposed composition thereof. The Chairman of the Board may, at the request of either party, disqualify the panel chairperson or either member if, in the opinion of the Chairman, such action is warranted to ensure impartiality. He or she may also excuse the panel chairperson or either member from serving on the panel;

(iv) Subject to the principles set out in subparagraphs (i) to (iii), the Chairman of the Board shall fll any vacancies arising on the panel; (f) An appeal shall not be receivable unless the time limits specified in paragraph (a) above have been met or have been waived, in exceptional circumstances, by the panel constituted for the appeal.

(g) The Secretary-General, or his designated representative, shall submit a written reply within one month following the date of receipt of the appeal. (h) Proceedings before a panel shall normally be limited to the original written presentation of the case, together with brief statements and rebuttals, which may be made orally or in writing, in one of the working languages of the Secretariat. (i) A staff member may arrange to have his or her appeal presented to the panel on his or her behalf by counsel, at his or her own expense.

Staff Rule, 11.2

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