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Snr. Legal Counsel, CARICOM

Caribbean Jobs Online

Applications are invited from interested and suitably qualified nationals of Caribbean Community (CARICOM) Member States and Associate Members of the Caribbean Community to fill the abovementioned position in the CARICOM Competition Commission with assigned duty station in Suriname.

2. FUNCTIONS OF THE POST The Senior Legal Counsel will be required to supervise the Legal Department, advise the Executive Director on matters relating to the Treaty, competition law, and in the determination of actions to be taken on the basis of complaints and information available to the Commission on anti-competitive conduct, assist with the organisation and conduct of case investigations and act as lead attorney in the presentation of cases.

3. QUALIFICATIONS AND EXPERIENCE The Senior Legal Counsel should possess at least First degree in Law and a legal education certificate or its equivalent. He /she should be a practising Attorney, with a minimum of 8-10 years experience which includes competition law, corporate law, international law and civil litigation. Experience in such areas as commercial law and legal research would be an asset. Computer proficiency is essential.

4. DUTIES AND RESPONSIBILITIES Under the direction of the Executive Director, the Senior Legal Counsel, will be required to: (a) ENSURE correct application by the Commission of the provisions of the Revised Treaty and procedural rules developed pursuant thereto in the determination of anticompetitive business conduct in the CSME; (b) ADVISE on the appropriate action which should be taken by the Commission in the event of complaints received or other evidence available to the Commission on anti-competitive conduct within the CSME; (c) DETERMINE legal strategy and co-ordinate the trial of cases, participate in pre-trial conferences, prepare evidence for submission, examination and cross-examination of lay and expert witnesses and conducting oral arguments; (d) ADVISE on the type of evidence to be presented in cases of violation of the provisions of the Community’s Rules of Competition; (e) ASSESS evidential information gathered with a view to prosecution, if necessary; REVIEW legal documents needed during the various stages of litigation; NEGOTIATE settlements, draft formal complaints and other legal documents necessary for litigation, prepare briefs, present evidence, examine and cross examine witnesses in formal proceedings; PROVIDE legal opinions as requested by the Executive Director or as deemed necessary to further the work of the Commission; DETERMINE, in light of available evidence and applicable legal precedent, whether a matter should be closed or whether a formal complaint of law should be issued; DIRECT AND/OR CONDUCT investigations and studies which provide facts necessary for determining the need for the issuance of complaints, the development of trade regulations and rules, or the publication of industry guides; CONDUCT hearings before the Commission which allow all interested groups to present their views on proposed regulations and rules; REVIEW applications from any person seeking De Minimis or Negative Clearance rulings and provide appropriate advice to the Commission; DIRECT the drafting of proposed rules and guides for the conduct of business by enterprises operating within the CSME and prepare appropriate explanatory legal memoranda; DEVELOP AND PUBLISH, in collaboration with other relevant senior staff, codes and guides relating to competition for approval by the Executive Director and submission to the COTED; DIRECT the preparation of contracts to be entered into by the Commission; and PERFORM other duties which may, from time to time, be assigned.

5. EMOLUMENTS AND BENEFITS An attractive remuneration package will be offered.

6. SETTLEMENT GRANT When you assume duty in Suriname, you shall be paid a settlement grant in respect of yourself (EC$1,000), spouse (EC$500) and each eligible child or dependant (up to two) (EC$500), provided that the total number of children and other dependants accompanying you does not exceed five in all.

7. RECRUITMENT AND APPOINTMENT Appointment will be on contract for a specified period or on secondment from a Public Service or a statutory body of a Member State or approved regional organisation. It will be subject to such regulations, rules, orders and instructions as determined by the Commission and as may be introduced from time to time in respect of service with the Commission.

An officer recruited from outside the assigned duty station, on first appointment, will be provided economy class air passages by the most direct route for the officer, spouse and children (provided they are below the age of eighteen years, unmarried and dependent on the officer) and for such other dependents to a maximum of two as may be approved by the Commission provided that the number of children and other dependents does not exceed five in all.

In addition to passages, the officer will be granted the following transportation allowances: (i) ocean freight charges, including insurance, for shipping personal and household effects to Suriname, not exceeding 1250 cubic feet, plus a motor car (if the officer already owns one); (ii) the cost of transporting baggage, personal and household effects from the home of the officer to the place of embarkation and from the port of disembarkation to the place of residence in Suriname; the cost of packing and crating personal and household effects.
8. LEAVE The officer will be eligible for the grant of vacation leave at the rate of thirty-five working days a year and a leave grant after every twelve months of service in respect of the officer, spouse and up to two dependent children.
9. PRIVILEGES AND IMMUNITIES The officer will be granted the privileges and immunities as agreed by the Government of Suriname in respect of staff members of the CARICOM Competition Commission whose assigned duty station is in Suriname.
10. GROUP HEALTH AND LIFE AND ACCIDENT INSURANCE The officer will be required to participate in the Secretariat’s group health and group life and accident insurance schemes. With respect to the health scheme, the officer will contribute fifty per cent of the premium. The life and accident insurance scheme is non-contributory.
11. SUPERANNUATION An officer on contract will, subject to satisfactory service, be eligible for a gratuity at the rate of twenty per cent of basic salary, computed on the basis of completed periods of three months’ service and payable at the end of the contract. Where the appointment is on secondment, the Commission will pay to the officer’s substantive employer, over the period of secondment, a contribution not exceeding twenty-five per cent of the pensionable salary normally payable to the officer by that employer so as to maintain the pension status of the officer in the substantive employment

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