African Development Bank (AfDB) -  the premier pan-African development institution, promoting economic growth and social progress across the continent. T

POSITION : Principal Legal Counsel, Administrative Tribunal

DESCRIPTION

The Hiring Department

• The Administrative Tribunal, established in the context of the reform of the governance structures of the African Development Bank is an independent body whose function is to render final judicial decisions on cases brought by staff members against the Bank concerning their terms and conditions of employment. The Tribunal’s decisions are binding on the Bank.
• The Administrative Tribunal is a statutory organ of the Bank established in 1998 by Resolution of Board of Directors dated 16 July 1997. It came into force on 1 January 1998.
• The mandate of the Tribunal is to hear and pass judgment upon any application by a member of staff of the Bank contesting an administrative decision for non-observance of the contracts of employment or the terms of appointment.
• The Board of Directors may also seek an advisory opinion of the Tribunal on any question of law concerning the general administration of the Bank. In addition, the Tribunal is an integral part of the Bank’s internal recourse mechanisms except that it is also the only organ among the mechanisms that renders final and binding decisions.
• From the foregoing, the two dominant objectives of the Administrative Tribunal are: Formal Conflict Resolution and Tribunal’s client management.

The Position

• The Principal Legal Counsel is one of the principal counsels responsible for the orderly discharge of the administrative work of the Tribunal, assists the Executive Secretary and the judges in the research of the law, and ensures the accurate reproduction and promulgation of the Tribunal’s judgments.

 Responsibilities

• Perform all interim and acting duties, including those with administrative, supervisory, legal and budgetary implications. The incumbent is to prepare initial drafts of reasoning and operative parts of judgments and orders.
• Supervise the filing of legal documentation, service and monitoring for compliance of original applications, additional pleading, documentary evidence and annexes.
• Assist the Executive Secretary to actively promotes visibility of the Administrative Tribunal to external partners and stakeholders and facilitate ready access to Tribunal’s jurisprudence by other Administrative Tribunals, research and academic endeavours.
• Work with the BATR Web Coordinator and Executive Secretary to continue the final process of compiling judgments for publication and to update judgments for subsequent volumes.
• Assist the Executive Secretary to carry out research for judges on issues of law and fact raised in cases.
• Prepare written summaries of facts, analysis, and contentions of parties for all cases.
• Prepare initial drafts of reasoning and operative parts of judgments and orders.
• Advise applicants and counsel on questions of procedure forms, content and deadlines.
• Carrie out research for the Executive Secretary on issues of law and fact raised in the cases through Administrative Tribunal’s jurisprudence and jurisprudence from other international administrative tribunals.
• Assist the Executive Secretary in updating data and content of the in-house case law digest with emerging jurisprudence and international legal developments.
• Assist the Executive Secretary to listen to and proactively engage and contribute to the effective coordination of the work with recourse mechanisms and partners. This includes running seminars and training workshops in Regional Offices on a regular basis to ensure effective knowledge of recourse and redress mechanisms of the Bank.
• Assist the Executive Secretary in conducting training and information missions to staff at HQ and regional offices.
• Lead the Secretariat from paper filing to electronic filing as the emerging practice in other Administrative Tribunals, monitor and supervise this system.
• After the proceedings, review all verbatim transcripts and produce initial written reports to reflect an accurate and faithful record of the proceedings by ensuring the integrity of the recorded and transcribed information.
• Assist the Executive Secretary by providing legal advice and clarifications as required in course of dealing with all legal issues before the Tribunal and using feedbacks from other stakeholders.
• Assist the Executive Secretary by providing support to ensure compliance with the Statute, Rules of Procedure and all internal laws of the Bank.
• Design an Activity Log for manual recording of activity/actions taken for each case to be implemented to the Tribunal’s Secretariat.
• Assist the Executive Secretary in the preparation of the Tribunal Annual Report to the Board of Directors and plenary session of the Tribunal in relation to rules and procedural reforms and amendments.
• Attend meetings with or deputize the Executive Secretary at meetings to discuss policy and legal clarifications about issues concerning recourse mechanisms and Human Resources management among others.

Selection Criteria

• Strong analytical and problem solving skills.
• Ability to work sensitively in a multicultural environment and respect for diversity and ability to build effective relationships and trust with Judges, colleagues and other stakeholder.
• Ability to communicate effectively (written and oral) in English or French, preferably with a working knowledge of the other language.
• Competence in the use of standard software applications in use at the Bank
• Hold at least a Master's Degree or its equivalent in Law with emphasis on International Law, or a first university degree plus a relevant combination of professional qualifications in law (e.g. Juris Doctor (JD) plus admission to the Bar or at a judicial institution of a member country (or diploma to practice law in a member country).
• Have a minimum of six (6) years practical and relevant professional law experience in litigation and/or work experience in administrative tribunals of other international organizations or in judicial processes of members’ countries.
• Work experience in an English speaking legal and judiciary environment will be a comparative advantage.
• Having private sector experience will be an added advantage.
• High degree of integrity and discretion.

Operational Effectiveness:

• Enhances processes to improve operational efficiency within the Unit. Sets and clearly communicates own targets, objectives and performance standards.
• Persists despite obstacles to achieve challenging goals. Proactively shares what works best with others across the organization.

Professional Expertise:

• Understands the Bank’s Rules and Regulations. Articulates a broad understanding of the cases.

Communication:

• Synthesizes multiple/complex messages and identifies appropriate key points for different audiences.
• Tailors communications appropriately for audience and using different vehicles or modes. Encourages open and frank communications in all interactions.
• Extracts key points and ensures that these are communicated directly and efficiently.

Problem Solving:

• Identifies problems and utilizes business knowledge to resolve these.
• Readily identifies alternative actions or approaches to a problem. Is prepared to try out different solutions or propose a new approach.

Client Orientation:

• Works proactively with staff members and partners to achieve superior results and provide leading edge advice and guidance.
• Creates opportunities for expanding and developing internal and external relationships within the resolution mechanism network.
• Advises, consults and partners with the Executive Secretary.

Team Working & Relationship Management:

• Collaborates across the Bank to make things happen.
• Identifies who the key influencers are and builds relationships with them.
• Solicits input and expertise.
• Displays willingness to learn from others including peers.
• Understands how the team is viewed by other parts of the Bank.