Challenging Administrative Actions or Decisions
The Board of Appeal (BoA) serves a crucial role within the Pan American Health Organization (PAHO) by examining appeals from staff members regarding final administrative actions that impact their appointment status. This independent body, composed of an External Chairperson and 16 members—half appointed by the Director and half elected by staff—operates without reporting ties to PAHO management. While the Board does not possess decision-making authority, it conducts thorough reviews of appeals, presenting findings and recommendations to the Director, whose decisions can be further appealed to the Administrative Tribunal of the International Labour Organization. The Board is empowered to gather relevant information and call witnesses to ensure a comprehensive evaluation of each case.
What is the mission of the Board of Appeal?
The Board of Appeal is responsible for examining appeals filed by PAHO staff members against a final administrative action or decision affecting their appointment status. A formal appeal consists of written pleadings submitted by a staff member outlining the grounds of the appeal and the requested remedies.
Who does the Board of Appeal report to?
The Board of Appeal is an independent entity that consists of an External Chairperson and 16 members, eight designated by the Director and eight elected by the Staff. It does not have a reporting relationship to anyone in PAHO.
What is the level of authority of the Board of Appeal?
The Board of Appeal, as advisory body, does not have any decision-making authority. Rather, its responsibility is limited to making findings of fact, conclusions and recommendations on each appeal case that it reviews.
Each appeal is considered by a three-member panel, which submits its findings of fact, conclusions and recommendations to the Director for final decision. The Director's decision can later be appealed to the Administrative Tribunal of the International Labour Organization.
The Board of Appeal can request and review any information and documentation it believes is relevant to an appeal, and can call any witness whose evidence it deems necessary for the proper consideration of an appeal.
What is the level of confidentiality of the Board of Appeal?
The proceedings of the Board of Appeal are confidential and no person may disclose the deliberations of a meeting or the information contained in the written pleadings. Additionally, meetings are conducted in private and, except for the preparation of a final report, no record is kept of the Board's discussions and deliberations.
Who can use the services of the Board of Appeal?
Only staff members appointed under U.N. contracts pursuant to Staff Rule 420 can file an appeal with the PAHO Board of Appeal. While they do not need to retain legal counsel in order to exercise their right of appeal, they are free to do so. Staff who are due-paying members of the PAHO Staff Association may be able to obtain legal assistance to help prepare their case and pleadings.
When should you contact the Board of Appeal?
You should contact the Board of Appeal when you are considering filing an appeal against a final administrative action or decision that affects your appointment status, when you believe that such action or decision resulted from any of the following factors:
- Personal prejudice on the part of a supervisor or any other responsible official;
- Incomplete consideration of the facts;
- Failure to observe or apply correctly the PAHO Staff Regulations and Staff Rules or the terms of your employment contract; or
- Improper application of the PAHO post classification standards.
Your written statement of intent to appeal must be filed no later than 60 calendar days from the date of notification of the final action or decision.
How can the Board of Appeal be contacted?
For further information, please contact the Board of Appeal secretary Leslie Aguilar by e-mail at boa@paho.org.