International Civil Aviation Organization (ICAO)
Job Opening ID: 222281
Job Community : Affaires juridiques
Job Household : Affaires juridiques
Class and Stage : Consultants, CON
Responsibility Station : MONTREAL
Division/Workplace : Worldwide Civil Aviation Group
Date Posted : Nov 20, 2023
Deadline : Dec 3, 2023
Results of Service
• Backlog of workers member appeals pending earlier than the ICAO Appeals Board eradicated.
• Well timed, efficient and moral litigation and/or decision of workers member appeals on the first occasion degree.
• Well timed, efficient and moral litigation of ICAO appeals and/or defence of organizational selections earlier than the UNDT/UNAT.
• Pointless litigation prevented and disputes resolved by well timed and efficient recommendation and preventive regulation actions.
The chosen advisor is predicted to be employed on a full-time foundation, over a 12-month interval, amounting to a most of 250 days’ work in that interval, with a chance of extension.
Duties and Tasks
THE ORGANIZATIONAL SETTING
The Authorized Affairs and Exterior Relations Bureau (LEB) supplies recommendation and help on authorized and exterior relations issues typically and in assist of ICAO’s Strategic Targets, to the ICAO Member States, Governing Our bodies, the President of the Council, the Secretary Basic, and different ICAO Bureaus and Regional Workplaces. With regard to authorized issues, the Bureau is accountable for: the availability of authorized recommendation to the Governing Our bodies and the Secretariat on any subject of regulation, specifically on worldwide regulation, and air regulation; the final improvement of air regulation; the evaluation of all agreements and contracts; and the efficiency of the treaty depositary capabilities of the Group. With regard to exterior relations issues, the Bureau is accountable for: sustaining shut and harmonious working relations with Member States; serving as point of interest for the Group’s relations with the Host Authorities; finishing up liaison and protocol capabilities; and monitoring and offering coverage steerage and recommendation on present political occasions which could have an effect on ICAO.
LEB additionally particularly advises the Secretary Basic and the ICAO Secretariat on authorized elements of personnel issues and represents the Group in workers member appeals earlier than the ICAO Appeals Board, the United Nations Dispute Tribunal (UNDT) in addition to the United Nations Appeals Tribunal (UNAT). The Appeals Board was established in 2020 as a brand new “first occasion course of” to adjudicate workers member grievances; nevertheless, the accession of ICAO to the jurisdiction of the UNDT is envisaged. Seated at United Nations Headquarters in New York, the UNAT is the second degree appellate evaluation tribunal inside the UN inside justice system. The UNAT critiques appeals introduced by workers members and organizations in opposition to judgments rendered by UNDT and different first occasion adjudicative tribunals all through the UN system, together with the ICAO Appeals Board.
The incumbent stories on to the Director (LEB), who will present oversight and steerage on procedural issues, delegation and distribution of duties, and selections on priorities, however operates beneath the day-to-day supervision of the accountable Authorized Officer (Consultant of the Secretary Basic), who manages LEB appeals processing and assigns and directs work.
MAJOR DUTIES AND RESPONSIBILITIES
Operate 1 (incl. Anticipated outcomes)
Appearing as Alternate Consultant of the Secretary Basic, beneath the general supervision of the Director (LEB) and the day-to-day practical supervision of the accountable Authorized Officer (Consultant of the Secretary Basic), the incumbent represents the ICAO Secretary Basic in written and oral proceedings earlier than the primary occasion course of designated to adjudicate workers member appeals and earlier than the United Nations Appeals Tribunal (UNAT), and supplies recommendation on the dealing with of disciplinary issues and prepares associated documentation, and will likely be accountable for the next duties:
• Represents the Group inside the system of justice for first occasion adjudication of workers appeals in opposition to administrative selections, in addition to the UNAT; prepares authorized briefs, submissions and motions as needed that meet procedural necessities of the related tribunal and are according to the ideas of the Group’s inside authorized framework.
• Performs in depth authorized analysis and evaluation of the UN Constitution, Basic Meeting resolutions and selections, judgements of the adjudicating tribunal (for instance, ICAO’s Appeals Board and/or the United Nations Dispute Tribunal (UNDT)), the UNAT and judgements of different worldwide administrative tribunals, Employees Laws and Guidelines, and administrative issuances, and prepares authorized opinions, research, briefs, stories, cost letters and correspondence.
• Supplies authorized recommendation on various substantive and procedural questions of appreciable complexity, which can embody these associated to human sources and administrative issues, together with guidelines and procedures in regards to the conduct, rights and obligations of workers, disciplinary issues, and so forth. and prepares the associated documentation.
• Supplies authorized recommendation on the interpretation and software of workers laws and guidelines, together with the evaluation of administrative selections, prepares draft amendments to the workers laws and guidelines, prepares draft administrative issuances or amendments thereto and verifies their consistency with the prevailing workers laws and guidelines, and prepares analyses and evaluations of human sources insurance policies and practices.
• Prepares advisory briefs for the Secretary Basic and senior administration regarding ICAO’s place on instances earlier than ICAO’s first occasion course of designated to adjudicate workers member appeals, advises senior administration with regard to the disposition of suggestions and administrative selections taken by the Secretary Basic and selections and or judgements by the tribunals.
• Prepares or assists within the preparation of agreements and the negotiation and settlement of claims and disputes within the context of the administration of justice issues.
• Advises, in coordination with Human Sources as related, administration concerning ICAO’s obligations beneath numerous workers contract modalities.
• Companies committees, process forces, professional teams and different our bodies, together with preparation of background supplies, summaries of points and views of delegations, assembly stories, and so forth.
• Opinions, advises on authorized paperwork, devices or different materials.
Operate 2 (incl. Anticipated outcomes)
Performs different duties, as assigned.
A complicated college diploma (grasp’s diploma or equal) in regulation is required. A primary-level college diploma (bachelor’s diploma or equal) in regulation together with three extra years of qualifying expertise could also be accepted in lieu of the superior college diploma.
Skilled expertise and data:
• Minimal of 5 years of progressively accountable authorized expertise.
• Of those 5 years, three years’ expertise in litigation on the nationwide or worldwide degree that should embody first-hand expertise in drafting pleadings, motions and/or enchantment briefs, and in showing and main the proof of witnesses earlier than a courtroom or tribunal or equal administrative board or physique.
• First-hand expertise in litigating employment disputes earlier than the United Nations Dispute Tribunal or different first occasion courtroom or tribunal or equal administrative board or physique of a UN specialised company or different worldwide group.
• First-hand expertise litigating appeals earlier than the United Nations Appeals Tribunal or the Administrative Tribunal of the Worldwide Labour Group (ILO).
• Expertise with workers laws and guidelines, insurance policies, procedures and operations of the United Nations or an identical worldwide group.
• Prior completion of the ILO Efficiently Managing Employment Disputes in Worldwide Organizations course or equal worldwide degree coaching.
• Fluent studying, writing and talking skills in English.
• A working data of one other official language of the Group (Arabic, Chinese language, French, Russian or Spanish).
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