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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...

OSLA is an integral part of the Secretariat of the United Nations and that its decisions are taken under the umbrella of the Secretary-General. OSLA’s decisions may be challenged to the extent that they are strictly administrative decisions and are not related to the giving of advice to litigants or the conduct of cases before the UNDT. It must be noted however that the scope and jurisdiction of the Tribunal is not limited to the author of the decision but most importantly to its nature. In order to establish that the administrative decision impacts on the contract of employment or terms of...

The fact that OSLA counsel have fulfilled in the past other functions within the Organization does not generally disqualify them from discharging their new duties. Outcome: Application rejected on the merits

Independent status: OSLA enjoys functional or operational independence, in the sense that it does not receive instructions from its hierarchy when providing advice to staff members or representing their interests, while remaining administratively subject to the Secretary-General. Attribution of Independent organs’ acts to the Secretary-General: If article 2.1 of the UNDT Statute designates the Secretary-General as the respondent before the Tribunal, he assumes this role in his capacity as Chief Administrative Officer, and not on account of his personal behaviour. This responsibility is linked...

The Tribunal found that the Executive Secretary of ECA, who made the decision to fill the post from the roster, was not acting unlawfully in so doing, since ST/AI/2010/3 (Staff selection system) permitted this.

The Tribunal found that the belated filing and the accompanying legal advice and arguments advanced by OSLA Counsel on behalf of the Applicant in the context of the prior proceedings did not constitute an administrative decision subject to appeal before the Tribunal. The application was dismissed as not receivable.