2012-��AT-199

��AT Held or ��DT Pronouncements

��AT considered Ms Worsley��s appeal and the Secretary-General��s cross-appeal. ��AT held that there was no evidence that OSLA��s decision to not represent Ms Worsley was based on her disability. ��AT noted that Ms Worsley did not show how OSLA��s actions affected her rights or her case, as she was simply repeating arguments that ��DT previously considered in its judgment. ��AT dismissed the appeal and cross-appeal and affirmed the ��DT 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. ��DT held that it had jurisdiction over the application and that the contested decision had been properly taken by OSLA. ��DT 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 ��DT, 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

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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