Legal Officer (General and Administrative Law) (2 Positions)

Position Title: Legal Officer (General and Administrative Law) (2 Positions)

Duty Station: Geneva, Switzerland

Classification: Professional Staff, Grade P2

Type of Appointment: Fixed term, one year with possibility of extension

Estimated Start Date: As soon as possible

Closing Date: 09 January 2023

Established in 1951, IOM is a Related Organization of the United Nations, and as the leading UN agency in the field of migration, works closely with governmental, intergovernmental and non-governmental partners. IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.

IOM is committed to a diverse and inclusive work environment. Read more about diversity and inclusion at IOM at www.iom.int/diversity.

Applications are welcome from first- and second-tier candidates, particularly qualified female candidates as well as applications from the non-represented member countries of IOM. For all IOM vacancies, applications from qualified and eligible first-tier candidates are considered before those of qualified and eligible second-tier candidates in the selection process.

For the purpose of this vacancy, the following are considered first-tier candidates:

1. Internal candidates
2. Candidates from the following non-represented member states:

Antigua and Barbuda; Aruba (Netherlands); Botswana; Cabo Verde; Comoros; Congo (the); Cook Islands; Curaçao; Fiji; Grenada; Guinea-Bissau; Holy See; Iceland; Kingdom of Eswatini; Kiribati; Lao People’s Democratic Republic (the); Madagascar; Marshall Islands; Micronesia (Federated States of); Namibia; Nauru; Palau; Saint Kitts and Nevis; Saint Lucia; Saint Vincent and the Grenadines; Samoa; Sao Tome and Principe; Seychelles; Solomon Islands; Suriname; The Bahamas; Timor-Leste; Tonga; Tuvalu; Vanuatu

Second tier candidates include:

All external candidates, except candidates from non-represented member states.

Context:

The Department of Legal Affairs provides legal advice to the Director General, the Deputy Directors General, the Regional Offices, Country Offices, and other Departments and Offices of the Organization. The Department provides support to ensure that the activities and operations of the Organization are carried out in accordance with the Legal Framework governing IOM, including the IOM Constitution, decisions of the governing bodies of IOM, the Unified Staff Regulations and Rules, the Financial Regulations and Rules, IOM instructions and international law.

The Department of Legal Affairs is comprised of three divisions, the Contracts Law Division, the General and Administrative Law Division, and the Institutional Law and Programme Support Division.

The General and Administrative Law Division is responsible for:

• Advising on misconduct cases and the management of disciplinary processes, including the imposition of disciplinary and non-disciplinary measures;
• Reviewing the legality of contested decisions in formal Requests for Review by staff members;
• Representing the Organization in internal justice processes, including the Joint Appeals Review Board and the International Labour Organization Administrative Tribunal;
• Reviewing investigation reports and other findings of the Office of the Inspector General in relation to IOM staff members;
• Reviewing policies related to management and human resources, including revisions to the Unified Staff Regulations and Rules, instructions and other issuances;
• Assisting with the roll-out of the Unified Staff Rules to local staff members in IOM CountryOffices worldwide;
• Advising on privileges and immunities matters related to employment disputes, including on litigation filed in national courts;
• Preparing legal advice on the interpretation and application of personnel policies, contractual terms and complex administrative law matters; and
• Reviewing contracts, agreements and templates for staff and non-staff personnel, (including for internships, consultancies, escorts, loans, secondments, standby personnel, Junior Professional Officers, and settlements with staff members).

Under the overall supervision of the Head of the General and Administrative Law Division and the direct supervision of the Senior Legal Officer, the Legal Officer will be accountable and responsible for assisting in providing legal advice, recommendations and services related the responsibilities of the General and Administrative Law Division.

Core Functions / Responsibilities:

1. Review investigation reports and referrals from the Office of the Inspector-General regarding allegations of misconduct and wrongdoing, and assist in providing advice to senior management on disciplinary and administrative processes based on an assessment of the allegations and investigation results.
2. Address challenges of administrative decisions filed in internal justice processes, including requests for review, appeals to the Joint Administrative Review Board (JARB), and applications to ILO Administrative Tribunal (ILOAT); related tasks include preparing legal submissions on behalf of the Administration, consulting with relevant offices to seek input and information, and drafting recommendations for decision by senior management.
3. Conduct research on the jurisprudence of the ILOAT on assigned topics and provide detailed analysis of cases and jurisprudence.
4. Review and assist with the development of issuances, guidance and policies on personnel matters.
5. Support the roll-out of the Unified Staff Rules to local staff members in IOM Country Offices worldwide through the analysis of the privileges and immunities situation in the countries and review of the conditions of service that will be affected by the roll-out.
6. Assist with the preparation of advice on privileges and immunities matters related to employment disputes, including on litigation filed in national courts, by conducting research into national jurisprudence and legislation, preparing Note Verbales and other correspondence and advising Country Offices on management of national litigation.
7. Review agreements relating to the engagement of different categories of personnel and preparing related templates.
8. Prepare draft responses to inquiries related to the interpretation and application of IOM Unified Staff Regulations and Rules and IOM Official Instructions.
9. Performing such other duties as may be assigned.

Required Qualifications and Experience:

Education

• Master’s degree in Law from an accredited academic institution with two years of relevant professional experience; or,
• University degree in Law with four years of relevant experience professional experience.

Experience

• At least two years of practicing law, with experience in international law, including the institutional law and administrative law of international organizations; and,
• The following experiences would be an advantage:
• Experience in a legal office of an international organization;
• Experience in advising on disciplinary matters and reviewing investigation reports;
• Experience in analysing legal instruments, undertaking legal research, preparing comments and preliminary opinions, and drafting legal documents;
• Experience in addressing the privileges and immunities of an international organization.

Skills

• Developed research skills and knowledge of the ILOAT or UNAT/UNDT jurisprudence would be an advantage; and,
• Knowledge of the conditions of service of the United Nations common system would be an advantage.

Languages

IOM’s official languages are English, French, and Spanish.

External applicants for all positions in the Professional category are required to be proficient in English and have at least a working knowledge of one additional UN Language (Arabic, Chinese, French, Russian, or Spanish).

For all applicants, fluency in English is required (oral and written). Working knowledge of French and/or Spanish is an advantage.

Proficiency of language(s) required will be specifically evaluated during the selection process, which may include written and/or oral assessments.

Notes

Accredited Universities are the ones listed in the UNESCO World Higher Education Database (https://whed.net/home.php).

Required Competencies:

Values – all IOM staff members must abide by and demonstrate these three values:

• Inclusion and respect for diversity: respects and promotes individual and cultural differences; encourages diversity and inclusion wherever possible.
• Integrity and transparency: maintains high ethical standards and acts in a manner consistent with organizational principles/rules and standards of conduct.
• Professionalism: demonstrates ability to work in a composed, competent and committed manner and exercises careful judgment in meeting day-to-day challenges.

Core Competencies – behavioural indicators level 2

• Teamwork: develops and promotes effective collaboration within and across units to achieve shared goals and optimize results.
• Delivering results: produces and delivers quality results in a service-oriented and timely manner; is action oriented and committed to achieving agreed outcomes.
• Managing and sharing knowledge: continuously seeks to learn, share knowledge and innovate.
• Accountability: takes ownership for achieving the Organization’s priorities and assumes responsibility for own action and delegated work.
• Communication: encourages and contributes to clear and open communication; explains complex matters in an informative, inspiring and motivational way.

IOM’s competency framework can be found at this link.

https://www.iom.int/sites/default/files/about-iom/iom_revised_competency_framework_external.pdf

Competencies will be assessed during a competency-based interview.

Other:

Internationally recruited professional staff are required to be mobile.

Any offer made to the candidate in relation to this vacancy notice is subject to funding confirmation.

This selection process may be used to staff similar positions in various duty stations. Recommended candidates endorsed by the Appointments and Postings Board will remain eligible to be appointed in a similar position for a period of 24 months.

The list of NMS countries above includes all IOM Member States which are non-represented in the Professional Category of staff members.

Appointment will be subject to certification that the candidate is medically fit for appointment, accreditation, any residency or visa requirements, and security clearances. Subject to certain exemptions, vaccination against COVID-19 will in principle be required for individuals hired on or after 15 November 2021. This will be verified as part of the medical clearance process.

Vacancies close at 23:59 local time Geneva, Switzerland on the respective closing date. No late applications will be accepted.