Legal Specialist – P4  

Background
 

Diversity, Equity and Inclusion are core principles at UNDP:  we value diversity as an expression of the multiplicity of nations and cultures where we operate, we foster inclusion as a way of ensuring all personnel are empowered to contribute to our mission, and we ensure equity and fairness in all our actions. Taking a ‘leave no one behind’ approach to our diversity efforts means increasing representation of underserved populations. People who identify as belonging to marginalized or excluded populations are strongly encouraged to apply. Learn more about working at UNDP including our values and inspiring stories.
 

UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

UNDP’s mandate is to end poverty, build democratic governance, rule of law, and inclusive institutions. We advocate for change, and connect countries to knowledge, experience and resources to help people build a better life.

As the United Nations’ lead agency on international development, UNDP works in 170 countries and territories to eradicate poverty and reduce inequality. We help countries to develop policies, leadership skills, partnering abilities, institutional capabilities, and to build resilience to achieve the Sustainable Development Goals. Our work is concentrated in three focus areas: sustainable development, democratic governance and peace building, and climate and disaster resilience.

UNDP personnel are united by a common purpose: to help countries and communities across the world pursue peaceful, prosperous lives, lived in harmony with the planet. The Office of Legal Services in the Bureau for Management Services (BMS/OLS) provides strategic legal services of the highest standard to UNDP, UNCDF and UN Volunteers, giving pragmatic and timely legal advice that enables the right people to make good decisions.

BMS/OLS is seeking outstanding, proactive lawyers with a strong public service background, and the capacity and commitment needed to deliver transformative impact. We are seeking colleagues who challenge, inspire, and deliver sustained results.
 

Duties and Responsibilities

The Administrative Law Practice (AL) within BMS/OLS is responsible for:

• Advising senior management in Headquarters, Regional Centers, Country Offices on legal issues arising in the handling of claims, allegations of misconduct or the resolution of matters involving UNDP staff members and UN Volunteers. 
• Representing UNDP in cases involving allegations of misconduct and appeals against administrative decisions;
• Representing UNDP in cases and settlements within the internal justice system, including the UN Dispute Tribunal (UNDT);
• Facilitating in the formulation and review of policies and procedures; 
• Addressing all legal questions arising in the administration and management of UNDP staff members and UN Volunteers, including privileges and immunities issues and strategies to respond to claims.  

Under the overall supervision of the General Counsel and Director of BMS/OLS and to the Deputy Director of BMS/OLS as second-level supervisor, and reporting directly to the Senior Legal Adviser and Head of AL, the Legal Specialist provides support to UNDP senior management, Headquarters, Regional Bureaux and Country Offices, as appropriate, in the Administrative Law practice area.

UNDP adopts a portfolio approach to accommodate changing business needs and leverage linkages across interventions to achieve its strategic goals. Therefore, UNDP personnel are expected to work across issues, units, functions, teams and projects in multidisciplinary teams in order to enhance and enable horizontal collaboration.
 

1) Legal advice, guidance and counsel on the rights and obligations of staff, including by:

• Providing legal advice to management of UNDP, as well as UNV, UNCDF and other UN system organizations as relevant, both at Headquarters and in the field.
• Providing legal advice to the Office of Human Resources on issues including performance management, office restructurings, abolition of posts, reassignment and displaced staff, and other relevant aspects of human resources management. 
• Providing legal advice on the interpretation of the Staff Regulations and Rules, as well as UNDP policies and procedures, including in relation to staff status, benefits and entitlements and legal obligations to UNDP.
• Providing legal advice on policies related to staff conduct, investigations and the disciplinary process.
• Acting on behalf of UNDP in negotiating agreements with staff members and UN Volunteers to resolve disputes.
   

2)  Legal advice to respond and handle requests for management evaluation, including by:

• Drafting proposed replies to requests for management evaluation and providing related advice to management.
• Engaging in informal resolution, including settlement negotiations and/or mediation proceedings where required, with opposing counsel and/or the Office of the Ombudsman for the Funds and Programmes. 
   

3)  Legal advice, guidance and counsel on the privileges and immunities applicable to staff, including by:

• Providing legal advice to management on the legal status of staff members, such as in relation to taxation, subpoena, and arrest and detention of UN Officials.
• Guiding in the preparation of Notes Verbale related to the privileges and immunities of staff members and UN Volunteers.
• Coordinating with the Office of Legal Affairs (OLA) in the UN Secretariat to ensure consistent application of the Convention on the Privileges and Immunities of the United Nations.

4) Represent UNDP in litigation before the UN Dispute Tribunal by:

• Drafting submissions in appeals before the UN Dispute Tribunal, including with respect to motions, requests for suspension of action, reply briefs and closing submissions. 
• Representing UNDP in cases including in case management conferences and oral hearings. Doing so includes presentations to the Judge, introduction of evidence for admission to the hearing and examination and cross-examination of witnesses. 
• Engaging with opposing legal counsel, including in respect to discussions to amicably resolve matters. 
• Supporting OLA in appeals before the UN Appeals Tribunal (UNAT) in cases that UNDP litigated before the UN Dispute Tribunal, as appropriate.
   

5)  Legal advice, guidance and counsel on matters related to investigations and disciplinary processes, including by: 

• Providing legal advice on issues arising in the context of investigations into allegations of misconduct by staff, including on interim measures such as administrative leave with or without pay. 
• Reviewing and providing legal advice to management on investigation reports, including by recommending to management whether to initiate the disciplinary process. 
• Drafting documents relevant to the investigation and disciplinary process, including Charge Letters, Decision Letters recommending disciplinary measures or appropriate administrative action.  
   

6) Preparation and review of policies and procedures, review of agreements and preparation of reporting requirements by:

• Preparing reports, including reports related to the administration of justice at UNDP.
• Preparing SOPs within BMS/OLS.
• Reviewing proposed policies and procedures applicable across UNDP.
• Advising on the development and negotiation of agreements with other entities, including UN agencies and Member States, related to staff members.
   

7) Training activities, knowledge management, and other functions by:

• Developing and delivering training programs on topics relevant to the administrative framework of UNDP.
• Providing feedback and lessons learned to business units based on developing jurisprudence, examples of recently handled cases, as well as other knowledge gained in position.  
   

8)  Represent UNDP and BMS/OLS in intra- and interagency working groups or projects and other functions by: 

• Participating in intra- and interagency working groups.
• Providing review, guidance and input on intra- and interagency proposals for common guidelines, best practices or standardization of policies. 
• Facilitating in administrative functions related to the office such as IT needs, identification and/or analysis of inputs for the preparation of budget, recruitment of personnel and office management.
• Supervising the work of the Legal Assistant for the tasks directly assigned. 

The incumbent performs other duties within their functional profile as deemed necessary for the efficient functioning of  the Office and the Organisation. 

Supervisory/Managerial Responsibilities: None

Competencies

Core: Full list of UNDP Core Competencies can be found here  

• Achieve Results – LEVEL 3: Set and align challenging, achievable objectives for multiple projects, have lasting
  impact
• Think Innovatively – LEVEL 3: Proactively mitigate potential risks, develop new ideas to solve complex problem
• Learn Continuously – LEVEL 3: Create and act on opportunities to expand horizons, diversify experience
• Adapt with Agility – LEVEL 3: Proactively initiate and champion change, manage multiple competing demands
• Act with Determination – LEVEL 3: Think beyond immediate task/barriers and take action to achieve greater results
• Engage and Partner – LEVEL 3: Political savvy, navigate complex landscape, champion inter-agency collaboration
• Enable Diversity and Inclusion – LEVEL 3: Appreciate benefits of diverse workforce and champion inclusivity
   

Cross-Functional & Technical competencies 

Business Direction & Strategy – System Thinking:

• Ability to use objective problem analysis and judgements to understand how interrelated elements coexist within an overall process or system and to consider how altering one element can impact on other parts of the system.

Business Management – Customer Satisfaction/Client Management:

• Ability to respond timely and appropriately with a sense of urgency, provide consistent solutions, and deliver timely and quality results and/or solutions to fulfil and understand the real customers’ needs. Provide inputs to the development of customer service strategy. Look for ways to add value beyond clients’ immediate requests. Ability to anticipate client’s upcoming needs and concerns.

Business Management – Risk Management:

• Ability to identify and organize action around mitigating and proactively managing risks.

Legal – Knowledge of applicable legal framework:

• Understanding of the legal norms as applied to the United Nations in general, and to UNDP in particular. This includes an understanding of the structure, functioning and operations of UNDP within the broader UN system and the application of international treaties, including the UN Charter, GA resolutions, the relevant basic country assistance agreement and UN system-wide legal instruments, as well as an understanding of the internal legal framework (financial regulations and rules, policies, and procedures) of UNDP.

Legal – Knowledge of privileges and immunities:

• Understanding the legal basis for privileges and immunities, specifically the General Convention, and the application of privileges and immunities corporately and to UN officials.

Legal –   Negotiation:

• The ability to lead efforts to work with others to conclude or settle a matter. These are often soft skills and include abilities such as communication, persuasion, planning, strategizing and cooperating. In the UNDP context, this skill includes working closely with the client to understand the parameters of an acceptable solution, and assisting business units in resolving commercial disputes, and working with staff members or their legal representatives to resolve a grievance, claim or issue . Negotiation often involves working with people who hold differing views to arrive at an acceptable corporate solution.

Legal – Legal Analysis Skills:

• The ability to digest a large amount of information and facts in order to frame and understand an issue, apply the legal framework to the particular set of facts and present a coherent and comprehensive analysis of the situation presented in order to deliver practical and meaningful advice. This skill includes the ability to provide an objective assessment of the case, the organization’s best arguments for proceeding and a recommended course of action. It also includes the capacity to think creatively and flexibly, within the applicable
  legal framework.

Legal – Legal Writing Skills:

• The ability to analyse fact patterns and present written arguments. This includes the ability to draft memoranda, legal briefs and other submissions to external parties, in both an advocacy and objective format, and legal opinions. It also includes the ability to convey legal analysis and recommendations to internal parties who may not have a legal background.

Legal – Legal Advocacy and Presentation Skills:

•  The ability to articulate and present legal analysis orally, both in a persuasive and objective format and for a variety of different audiences (e.g. the governments, administrative tribunals, arbitrators, management, donors, and other partners). This skill requires an ability to identify lines of argument, anticipate counter-arguments, interact in a dynamic and engaging way about legal issues, as well as the ability to think on one’s feet and strategically, in a solution-oriented manner, when confronted with new facts or issues within the context of a discussion or presentation.

Required Skills and Experience

Education:

• An advanced degree (Master’s Degree) in Law from a recognized university, OR
• A first level degree (Bachelor’s Degree) in Law from a recognized university, in combination with additional two years of qualifying relevant experience will be given due consideration in lieu of the advanced university degree. 
   

Experience:

• A minimum of seven (7) years (with master’s degree) or nine (9) years (with bachelor’s degree) of relevant practical experience in the practice of law in a law firm, a government and/or international organization’s legal office, is required.
• Understanding of, and experience with, the United Nations system, is an asset.
• Practical and progressive experience in handling cases involving allegations of misconduct and appeals against administrative decisions is required.
• Practical and progressive experience in effective dispute resolution, including advising management on legal claims, is required.
• Experience in handling litigation matters before international administrative tribunals, and in particular the UN Dispute Tribunal and UN Appeals Tribunal, is an asset.
• Demonstrated ability to monitor and follow up on many activities concurrently under time constraints, and the ability to understand and manage priorities, is required.
• Experience in research, legal writing and drafting documents are required.
•  Excellent interpersonal and communication skills, and proven focus on client service, are required.
• An impeccable record for integrity and professional ethical standards is required.

Language:

• Fluency in written and spoken English language is required. 
• Fluency in French is an asset. 
   

Please note that continuance of appointment beyond the initial 12 months is contingent upon the successful completion of a probationary period.

 

Disclaimer

Important information for US Permanent Residents (‘Green Card’ holders) 
 

Under US immigration law, acceptance of a staff position with UNDP, an international organization, may have significant implications for US Permanent Residents. UNDP advises applicants for all professional level posts that they must relinquish their US Permanent Resident status and accept a G-4 visa, or have submitted a valid application for US citizenship prior to commencement of employment. 

 

UNDP is not in a position to provide advice or assistance on applying for US citizenship and therefore applicants are advised to seek the advice of competent immigration lawyers regarding any applications.

 

Applicant information about UNDP rosters

Note: UNDP reserves the right to select one or more candidates from this vacancy announcement.  We may also retain applications and consider candidates applying to this post for other similar positions with UNDP at the same grade level and with similar job description, experience and educational requirements.

 

Non-discrimination 

 

UNDP has a zero-tolerance policy towards sexual exploitation and misconduct, sexual harassment, and abuse of authority. All selected candidates will, therefore, undergo rigorous reference and background checks, and will be expected to adhere to these standards and principles.  
 

UNDP is an equal opportunity and inclusive employer that does not discriminate based on race, sex, gender identity, religion, nationality, ethnic origin, sexual orientation, disability, pregnancy, age, language, social origin or other status.

 

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