2011-Ģ��ƵAT-135

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT 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 Ģ��ƵDT, without interfering with the professional independence of counsel. Ģ��ƵAT 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 Ģ��ƵDT. Ģ��ƵAT reversed the Ģ��ƵDT judgment and remanded the case to Ģ��ƵDT for a trial on the merits.

Decision Contested or Judgment/Order Appealed

The staff member contested the decision taken by the former Chief of OSLA not to disclose a potential conflict of interest in his case. Ģ��ƵDT rejected the staff member��s application, holding that the alleged omission was not an administrative decision subject to review by Ģ��ƵDT.

Legal Principle(s)

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 therefore constitute an administrative decision subject to review by Ģ��ƵDT.

Outcome

Appeal granted

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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.

Applicants/Appellants

Larkin

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement