B.15/15: Administrative matters: Options for operationalization of the Administrative Tribunal

The Board, having considered document GCF/B.15/22 (limited distribution) titled “Options for the operationalization of the Fund’s Administrative Tribunal”:

  1. Decides to recognize the jurisdiction of the administrative tribunal of the International Labour Organization in respect of disputes involving a member of staff of the Secretariat or any of the independent accountability units;
  2. Recognizes that judgments handed down by the administrative tribunal of the International Labour Organization in respect of staff of the Secretariat and the independent accountability units will be legally binding on the GCF;
  3. Requests the Executive Director to take the necessary steps to notify the Governing Body of International Labour Organization of the Board’s decision to recognize the jurisdiction of the administrative tribunal of the International Labour Organization;
  4. Also requests the Secretariat to notify the Board once the Governing Body of International Labour Organization has approved of the Board’s decision on this matter and the arrangements for addressing disputes involving a member of staff of the Secretariat or any of the independent accountability units have become operational;
  5. Decides, pending the approval referred to in paragraph (d) above, that any disputes involving a member of staff of the Secretariat or any of the independent accountability units which have exhausted all internal dispute settlement procedures without resolution shall be referred to international arbitration, to be determined by a sole arbitrator with expertise in international administrative law;
  6. Requests the Secretariat to make the necessary arrangements for such international arbitration as a matter of urgency; and
  7. Decides that the GCF shall bear all administrative costs in connection with such arbitration, including the arbitrator’s fees and relevant institutional costs but excluding the staff member’s legal costs, unless the arbitrator determines otherwise.