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(j) Where the competence of the Joint Appeals Board is in doubt, the panel constituted for the appeal shall decide.

(k) In the case of termination or other action on grounds of ineffciency or relative effciency, the panel shall not consider the substantive question of effciency but only evidence that the decision was motivated by prejudice or by some other extraneous factor.

(l) The panel shall have authority to call members of the Secretariat who may be able to provide information concerning the issues before it and shall have access to all documents pertinent to the case.

(m) In considering an appeal, the panel shall act with the maximum dispatch consistent with a fair review of the issues before it.

(n) Within 14 days of the date on which the consideration of an appeal has been completed, the panel shall, by majority vote, adopt and submit a report to the Secretary-General. The report shall be considered as constituting a record of the proceedings in the appeal and shall include a summary of the reasons, fact and law as well as all recommendations that the panel considers appropriate. Votes on the recommendations shall be recorded, and any member of the panel may have his or her dissenting opinion included in the report.

(o) The fnal decision on the appeal will normally be taken by the Secretary-General within 14 days after the panel has forwarded its report, and shall be communicated to the staff member, together with a copy of the panel’s report. (p) To enable staff members to exercise their right to make application to the United NationsAppeals Tribunal, the JointAppeals Board shall, at the request of the staff member, communicate to him or her the report of the panel if the Secretary-General has not made a decision on the report within a period of 14 days after the date on which the report was submitted to him or her.

Rule 11.3

United Nations Appeals Tribunal

Jurisdiction

(a) In accordance with article 2 of theAgreement between the United Nations and the Authority on acceptance of jurisdiction of the United Nations Appeals Tribunal, the United Nations Appeals Tribunal shall have jurisdiction over an appeal against:

(i) An administrative decision that is alleged to be in non-compliance with the terms of appointment or the contract of employment and that has been submitted to a panel of the Joint Appeals Board in accordance with rule 11.2;

(ii) An administrative decision where the Secretary-General and the applicant have agreed to submit the application directly to the United Nations Appeals Tribunal;

(iii) An appeal against an administrative decision imposing a disciplinary measure;

Staff Rules, 11.2-11.3

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