Legal Specialist

New York, United States
negotiable Expires in 3 weeks

JOB DETAIL

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);
  • Assisting 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 units, functions teams, and projects in multidisciplinary teams in order to enhance and enable horizontal collaboration.

Under the guidance of the Senior Legal Adviser, the Legal Specialist performs the following primary functions:
1)  Legal advice, guidance and counsel on the rights and obligations of staff, including by:

  • Help prepare 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.
  • Help prepare 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.
  • Help prepare 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.
  • Help review policies related to staff conduct, investigations and the disciplinary process.
  • Assist in negotiating agreements with staff members to resolve disputes.

2)  Legal advice to respond and handle requests for management evaluation.

  • Draft proposed replies to requests for management evaluation and help prepare related advice to management.
  • Participate 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) Represent UNDP in litigation before the UN Dispute Tribunal.

  • Draft submissions in appeals before the UN Dispute Tribunal, including with respect to motions, requests for suspension of action, reply briefs and closing submissions.
  • Represent UNDP in cases including 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.
  • Coordinate with OLA in appeals before the UN Appeals Tribunal (UNAT) in cases that UNDP litigated before the UN Dispute Tribunal, as appropriate.

4)  Legal advice on matters related to investigations and disciplinary processes.

  • Help prepare legal advice on issues arising in the context of investigations into allegations of misconduct by staff, including interim measures such as administrative leave with or without pay.
  • Review investigation reports.
  • Draft documents relevant to the disciplinary process, including Charge Letters, Decision Letters and Memoranda recommending disciplinary measures or appropriate administrative action.

5)  Preparation and review of policies and procedures, and preparation of reporting requirements.

  • Prepare reports, including reports related to the administration of justice at UNDP.
  • Prepare SOPs within BMS/OLS.
  • Assist in reviewing proposed policies and procedures applicable across UNDP.

6)  Training activities, knowledge management, and other functions.

  • Participate in and prepare training programs.
  • Provide feedback and lessons learned to business units based on developing jurisprudence, examples           of recently handled cases, as well as other knowledge gained in position.

7)  Other functions:

  • Participating in intra and interagency working groups.
  • Assist 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.
  • Performing other related functions as required.
  • Perform other related functions as requested by the Senior Legal Advisor, or the BMS/OLS General Legal Counsel and the Deputy Director, including functions in the area of Corporate and Institutional Law.
  • The incumbent performs other duties within their functional profile as deemed necessary for the efficient functioning of the Office and the Organization.
Supervisory/Managerial Responsibilities:  None
Competencies
Core Competencies – 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 problems
  • Learn Continuously – LEVEL 3: Create and act on opportunities to expand horizons, diversify experiences
  • 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

People Management 

UNDP People Management Competencies can be found in the dedicated site.

 Cross-Functional & Technical competencies 
Business Development – Integration within the UN
  •  Ability to identity, and integrate capacity and assets of the UN system, and engage in joint work; knowledge of the UN System and ability to apply this knowledge to strategic and/or practical situations.

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 – 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 – 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.
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 colleagues of differing views to arrive at an acceptable corporate solution.
Legal – Managing Client Relations
  • The ability to interact with different levels of management and across different agencies and offices to obtain information, develop legal approaches and resolve issues, this skill includes liaison with counterparts and determining the best sequence in which to pursue an issue, where information, particularly for UNDP, may be across different independent UN agencies.
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.
Required Skills and Experience
Education:
  • An advanced university degree in law (Master’s level/LLM) or equivalent from a recognized university is required;
  • 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
  • Specialization in Administrative Law is an asset.
Experience:
  • Minimum of 5 years (with Master’s degree) or 7 years (with Bachelor’s degree) of progressively relevant professional experience related to the practice of law is required.
  • Understanding of, and experience with, the United Nations system, is an asset.
  • Practical experience in handling cases involving allegations of misconduct and appeals against administrative decisions is desirable.
  • Practical 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.
  • Excellent command of written and spoken English is required.
  • Ability to monitor and follow up on many activities concurrently under time constraints, and the ability to understand and manage priorities, is required.
  • Excellent research, legal writing and drafting skills 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 Requirements:

  • Excellent command of oral and written English is required.
  • Fluency in French is an asset.
  • Working knowledge of another United Nations official language would be an advantage.
Please note that continuance of appointment beyond the initial 12 months is contingent upon the successful completion of a probationary period.
Disclaimer
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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