2012-UNAT-199 | SYSTEM OF ADMINISTRATION OF JUSTICE

2012-UNAT-199, Worsley

UNAT Held or UNDT Pronouncements

UNAT considered Ms Worsley’s appeal and the Secretary-General’s cross-appeal. UNAT held that there was no evidence that OSLA’s decision to not represent Ms Worsley was based on her disability. UNAT noted that Ms Worsley did not show how OSLA’s actions affected her rights or her case, as she was simply repeating arguments that UNDT previously considered in its judgment. UNAT dismissed the appeal and cross-appeal and affirmed the UNDT judgment with regard to its decision that the right of staff members to receive assistance from OSLA does not amount to a right to be represented by OSLA.

Decision Contested or Judgment Appealed

Ms Worsley contested OSLA’s discretionary decision to refuse to continue to provide her with legal assistance on the basis that the lawyer/client relationship had broken down irretrievably. UNDT held that it had jurisdiction over the application and that the contested decision had been properly taken by OSLA. UNDT dismissed the application.

Legal Principle(s)

The services provided by OSLA and the manner in which the representation is implemented can have an impact on a staff member’s terms of appointment and therefore can fall within the jurisdiction of the UNDT, without interfering with the professional independence of OSLA counsel. Staff members have the right to receive legal assistance from OSLA, which does not amount to a right to be represented.

Outcome

Appeal dismissed on merits

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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

Worsley

Entity

UNOG

Case Number(s)

2011-202

Tribunal

UNAT

Registry Location :

New York