Switzerland: Division Head, Human Resources Legal Issues Division (LEGHR)

Position Title : Division Head, Human Resources Legal IssuesDivision (LEGHR)

Duty Station : Geneva, Switzerland

Classification : Professional Staff, Grade P5

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

Estimated Start Date : As soon as possible

Closing Date : 25 April 2017

Established in 1951, IOM is the leading inter-governmental organization in the field of migration and 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 environment. Applications from qualified female candidates are especially encouraged. For the purpose of the vacancy, the following candidates are considered as first-tier candidates:

1. Internal candidates

2. Qualified applicants from the following NMS countries: Antigua and Barbuda, Benin, Bahamas, Botswana, Belize, Congo, Cabo Verde, Djibouti, Micronesia (Federated States of), Gabon, Gambia, Guyana, Iceland, Cambodia, Comoros, Lesotho, Luxembourg, Libya, Montenegro, Marshall Islands, Mongolia, Mauritania, Maldives, Namibia, Nauru, Papua New Guinea, Paraguay, Seychelles, Slovenia, Suriname, El Salvador, Swaziland, Timor-Leste, Trinidad and Tobago, United Republic of Tanzania, Holy See, Saint Vincent and the Grenadines, Venezuela (Bolivarian Republic of), Vanuatu, Samoa

3. External female candidates.

Context:

The Office of Legal Affairs (LEG) provides legal support and advice to all parts of IOM (Headquarters, Administrative Centres, Regional Offices and Country Offices). The Legal Counsel also provides legal support to the Policy Making Bodies on constitutional matters, mandate and procedures. LEG consists of three divisions.

Within LEG, the Human Resources Legal Issues Division (LEGHR) is responsible for all human resources-related legal issues. This includes reviewing the legal aspects of human resources policies and practices and advising the Administration on complex and contentious personnel cases in view of IOM’s legal rights and responsibilities, such as in cases of staff misconduct, informal staff grievances and formal disputes with staff members. Through its Administrative Law Section, LEGHR oversees the disciplinary process in misconduct cases and coordinates eventual disciplinary actions with Office of the Director General (ODG); supports Ethics and Conduct Office (ECO) and Office of the Inspector General (OIG) on legal issues relating to assessment and investigation of allegations of staff misconduct, as applicable; reviews the legality of contested decisions in formal Requests for Review by staff members; represents the Administration in staff appeals to the JARB and the ILOAT as well as in settlements with staff

members; and opines on the legal elements of claims of occupational illness, injury and death. In addition to staff-related matters, LEGHR also advises on legal issues related to consultants and interns.

LEGHR also supports HRM in the drafting of revised Staff Regulations and Rules and related policies as well as the roll-out of the Unified Staff Rules to local staff members in IOM Missions worldwide. IOM has about 10,000 staff members in 450 locations in 150 countries.

Under the direct supervision of the Legal Counsel, the Division Head, Human Resources Legal

Issues Division (LEGHR):

Core Functions / Responsibilities:

1. Operates as a recognized expert in the broad area of the law of the international civil service and administration of justice.

2. Advises the Director General and senior officials by providing authoritative legal opinions on a wide range of highly complex, sensitive and/or conflicting legal and administrative matters, involving substantive and procedural issues relating to international administrative law and administration of justice.

3. Develops organizational policies and provides legal advice on all human resources related matters with the over-riding concern of protecting the Organization’s interests and avoidance of legal proceedings which could result in costly financial losses and damage the Organization’s reputation and image in the international community.

4. Advises the Director General and senior officials on actions to take in highly complex and sensitive personnel-related matters, such as in response to staff grievances and misconduct cases, including recommendations on appropriate disciplinary measures including summary dismissal.

5. Directs and manages the Division by organizing and prioritizing workload; coordinates and allocates assignments; guides and supervises the work of Legal Officers; and ensures coordination of the work of the Division within LEG as well as with other relevant organizational units.

6. Represents the Organization in major cases in administrative and tribunal proceedings, including in staff appeals before the internal appeals body and the Administrative Tribunal of the International Labour Organization (ILOAT), and supervises the preparation of legal submissions to those bodies.

7. Advises on settlement of major claims and disputes in the human resources realm, including evaluating the merits of claims, establishing the strategy and approach of settlements, and deciding on the legal text setting out the settlement terms and conditions.

8. Designs and supervises the drafting of new legal instruments and guidelines in the Division’s area of responsibility, in consultation with relevant organizational units; advises on and supervises the review and drafting of agreements, institutional and operational modalities and legal submissions in the Division’s area of responsibility; develops new legal modalities to meet unique needs/circumstances.

9. Organizes and supervises extensive legal research and analysis on highly complex or novel legal issues/questions on the law of the international civil service and the administration of justice by overseeing the preparation of legal opinions, briefs, reports and correspondence relating to such complex/novel issues.

10. Approves revisions to the Staff Regulations and Rules from a legal perspective and verifies their consistency with the law of the international civil service; supervises the review of new and revised administrative issuances/policies from a legal perspective and verifies their consistency with the law of the international civil service, the Staff Regulations and Rules and other administrative issuances/policies prior to endorsement by the Director General.

11. Assesses and interprets the privileges and immunities enjoyed by the Organization and its staff members in various countries of operation in order to advise where deviations are needed from the Staff Regulations and Rules and other administrative issuances/policies to reflect the country-specific situation, including aspects of national labour law when required. Asserts privileges and immunities in official communications through diplomatic channels and in response to litigation in national courts.

12. Identifies, promotes and fosters collaborative relationships in the Division’s area of responsibility, both within the Organization and with other intergovernmental organizations. Represents LEG and the Division in various standing committees, ad hoc working groups and task forces, including the Joint Administration/Staff Association Committee (JASAC) consultations. Represents the Organization at external inter-agency meetings and conferences.

13. Performs such other duties as may be assigned.

Required Qualifications and Experience:

Education

• Master’s degree in Law or a related field from an accredited academic institution with ten years of relevant professional experience; or

• University degree in the above fields with twelve years of relevant professional experience.

Experience

• Of the required years of relevant professional experience, at least five years of practicing law in an intergovernmental organization is required;

• Of the required years of relevant professional experience, at least three years of extensive experience in the LEGHR areas of responsibility at the international level is required, including: representing an intergovernmental organization before an administrative tribunal; defending the privileges and immunities of an intergovernmental organization and its staff members; advising on misconduct cases; and preparing well-written and persuasive legal analysis and advice on a wide range of multi-dimensional, complex and sensitive human resources and internal justice matters, all with minimal supervision;

• Extensive and thorough knowledge of the terms and conditions of service under the United

Nations common system of salaries, allowances and benefits is required.

Languages

Fluency in English is required. Working knowledge of French or Spanish is an advantage.

Desirable Competencies:

Behavioral

• Accountability – takes responsibility for action and manages constructive criticisms;

• Client Orientation – works effectively well with client and stakeholders;

• Continuous Learning – promotes continuous learning for self and others;

• Communication – listens and communicates clearly, adapting delivery to the audience;

• Creativity and Initiative – actively seeks new ways of improving programmes or services;

• Leadership and Negotiation – develops effective partnerships with internal and external stakeholders;

• Performance Management – identify ways and implement actions to improve performance of self and others;

• Planning and Organizing - plans work, anticipates risks, and sets goals within area of responsibility;

• Professionalism - displays mastery of subject matter;

• Teamwork – contributes to a collegial team environment; incorporates gender related needs, perspectives, concerns and promotes equal gender participation;

• Technological Awareness - displays awareness of relevant technological solutions;

• Resource Mobilization - works with internal and external stakeholders to meet resource needs of IOM.

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.

The list of NMS countries above includes all IOM Member States which are non-represented in the Professional Category of staff members. For this staff category, candidates who are nationals of the duty station’s country cannot be considered eligible.

Appointment will be subject to certification that the candidate is medically fit for appointment, accreditation, any residency or visa requirements, and security clearances.

Interested candidates are invited to submit their applications via PRISM, IOM e-Recruitment system, by 25 April 2017 at the latest, referring to this advertisement.

For further information, please refer to:

http://www.iom.int/cms/en/sites/iom/home/about-iom-1/recruitment/how-to-apply.html

In order for an application to be considered valid, IOM only accepts online profiles duly completed.

Only shortlisted candidates will be contacted. You can track the progress of your application on your personal application page in the IOM e-recruitment system.

Posting period:

From 12.04.2017 to 25.04.2017

Requisition: VN 2017/94 (P)-DivisionHead,HRLegalIssuesDivision(LEGHR)(P5)-Geneva,Switzerland

(55035645) Released

Posting: Posting NC55035675 (55035675) Released