2012-Ģ��ƵAT-199

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered Ms Worsley��s appeal and the Secretary-General��s cross-appeal. Ģ��ƵAT held that there was no evidence that OSLA��s decision to not represent Ms Worsley was based on her disability. Ģ��ƵAT noted that Ms Worsley did not show how OSLA��s actions affected her rights or her case, as she was simply repeating arguments that Ģ��ƵDT previously considered in its judgment. Ģ��ƵAT dismissed the appeal and cross-appeal and affirmed the Ģ��ƵDT judgment with regard to its decision that the right of staff members to receive assistance from OSLA does not amount to a right to be represented by OSLA.

Decision Contested or Judgment/Order Appealed

Ms Worsley contested OSLA��s discretionary decision to refuse to continue to provide her with legal assistance on the basis that the lawyer/client relationship had broken down irretrievably. Ģ��ƵDT held that it had jurisdiction over the application and that the contested decision had been properly taken by OSLA. Ģ��ƵDT dismissed the application.

Legal Principle(s)

The services provided by OSLA and the manner in which the representation is implemented can have an impact on a staff member��s terms of appointment and therefore can fall within the jurisdiction of the Ģ��ƵDT, without interfering with the professional independence of OSLA counsel. Staff members have the right to receive legal assistance from OSLA, which does not amount to a right to be represented.

Outcome

Appeal dismissed on merits

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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

Worsley

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement