UNDT/2011/028

UNDT/2011/028, Larkin

UNAT Held or UNDT Pronouncements

The Tribunal found that the application was irreceivable as time-barred; it was also without merit because the alleged conflict of interest was not deemed to exist. Independent status: Bodies endowed with an independent status are integrated in the structure of the Organization and, whilst they may not receive instructions from their chain of command in performing the tasks entrusted to them, they are not entirely detached from the Secretary-General’s authority. Administrative decisions: The Tribunal is not competent to examine the legality of acts other than administrative decisions. Redress for breaches resulting from different actions or conducts would need to be sought through other avenues as appropriate. Time limits: Pursuant to staff rule 11.2, paragraphs (a) and (c), management evaluation must be requested within 60 calendar days from the date on which the staff member received notification of the contested decision. It is of no relevance at what point the Applicant developed the idea that the circumstances he already knew warranted contesting the decision. The mandatory time limits for contestation run from the moment the concerned staff member has knowledge of the relevant circumstances and the said time limits are meant to be applied strictly Conflict of interest: For a lawyer, it is nothing unusual to fulfill different roles within his or her professional career. The fact that the Chief, OSLA, has worked for UNHCR before does not necessarily mean that he will be disqualified from handling cases of clients who are contesting UNHCR decisions. Of course, where, in a specific case, a lawyer has already acted for a party, this person, after having changed sides, may not act as lawyer for the other side on the same case without a conflict of interest.

Decision Contested or Judgment Appealed

The decision by the Chief, Office of Staff Legal Assistance (“OSLA”), Office of Administration of Justice, 山Secretariat, not to disclose a conflict of interest, of which the Applicant claims he became aware in November 2009.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

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