2011-UNAT-135 | SYSTEM OF ADMINISTRATION OF JUSTICE

2011-UNAT-135, Larkin

UNAT Held or UNDT Pronouncements

UNAT held that the services provided by OSLA and the way the representation is implemented can have an impact on a staff member’s terms of employment and can therefore fall within the jurisdiction of UNDT, without interfering with the professional independence of counsel. UNAT held that the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in the staff member’s case could have an impact on his terms of employment and, therefore, constituted an administrative decision subject to review by UNDT. UNAT reversed the UNDT judgment and remanded the case to UNDT for a trial on the merits.

Decision Contested or Judgment Appealed

The staff member contested the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in his case. UNDT rejected the staff member’s application, holding that the alleged omission was not an administrative decision subject to review by UNDT.

Legal Principle(s)

The services provided by OSLA and the way the representation is implemented can have an impact on a staff member’s terms of employment and therefore constitute an administrative decision subject to review by UNDT.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Larkin

Entity

UNHCR

Case Number(s)

2011-204

Tribunal

UNAT

Registry Location :

New York