Page 85 - SR2011-Final

This is a SEO version of SR2011-Final. Click here to view full version

« Previous Page Table of Contents Next Page »

81

statements and rebuttals, which may be made orally or in writing, in one of the working languages of theAuthority, but without delay. If the Committee considers that it requires the testimony of the staff member concerned or of other witnesses, it may, at its sole discretion, obtain such testimony by written deposition, by personal appearance before the Committee, before one of its members or before another staff member acting as a special master, or by telephone or other means of communication. The report of the Joint Disciplinary Committee shall be considered as constituting a formal record of the proceedings, including submissions, statements, rebuttals and depositions. The report shall include a summary of the reasons, fact and law, as well as all recommendations that the Committee considers appropriate. Votes on the recommendations shall be recorded and any member of the Committee may have his or her dissenting opinion included in the report. (c) The Joint Disciplinary Committee shall adopt its own rules of procedure, which shall be consistent with these staff rules and with any applicable administrative instructions, as well as with the requirements of due process. (d) The Joint Disciplinary Committee shall permit a staff member to arrange to have his or her case presented before it by counsel, at his or her own expense. (e) A representative of the Offce of Legal Affairs shall participate in an advisory capacity in the deliberations of the Joint Disciplinary Committee on an ex offcio basis when the advice of the Committee has been requested in a matter pertaining to fnancial responsibility for gross negligence.

Rule 10.7

Ad hoc tribunal under article 168, paragraph 3, of the Convention

Violation of the obligations of a staff member set forth in article 168, paragraph 2, of the Convention shall, on the request of a State party to the Convention affected by such violation, or natural or juridical person sponsored by a State party as provided in article 153, paragraph 2 (b), of the Convention and affected by such violation, be submitted by the Authority against the staff member concerned to an ad hoc tribunal of three qualifed persons appointed by the Secretary-General of the United Nations. The party affected shall have the right to take part in the proceedings and to be represented by counsel, at his or her own expense. If the tribunal so recommends, the Secretary-General shall dismiss the staff member concerned.

CHAPTER XI JOINT APPEALS BOARD

Rule 11.1 Establishment

(a) There is hereby established a Joint Appeals Board to consider and advise the Secretary-General regarding appeals fled under the terms of staff regulation 11.1.

Staff Rules, 10.6-11.1

Page 85 - SR2011-Final

This is a SEO version of SR2011-Final. Click here to view full version

« Previous Page Table of Contents Next Page »