The Organization is committed to a fair and respectful work environment. Behavioural concerns or administrative disputes brought to the attention of the Organization are addressed in a timely manner using, whenever possible, informal resolution mechanisms such as mediation. In cases where informal resolution is not achievable or appropriate, the Organization or the member of personnel concerned may decide to initiate formal proceedings under the Organization’s settlement of disputes procedure or conduct-related frameworks, as applicable[1]. This report provides an overview of the cases handled under Chapter VI of the Staff Rules and Regulations.
Introduction
The Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report on:
- requests for review;
- internal appeals;
- cases in which disciplinary action was taken; and
- complaints before the Administrative Tribunal of the International Labour Organization (ILOAT).
Requests for review and internal appeals
Under Article S VI 1.01 of the Staff Rules, members of the personnel may challenge an administrative decision by the Director-General where it adversely affects the conditions of employment or association that derive from their contract or from the Staff Rules and Regulations.
If permitted by the Staff Rules and Regulations, a decision may be challenged internally within the Organization:
- through a review procedure; or
- through an internal appeal procedure. In this case, the Joint Advisory Appeals Board (JAAB) shall be consulted by the Director-General prior to taking any final decision on the merits.
Disciplinary Action
Under Article S VI 2.01 of the Staff Rules, the Director-General may take disciplinary action against members of the personnel who, whether intentionally or through carelessness, are guilty of a breach of the Rules and Regulations or of misconduct that is to the detriment of the Organization.
Article S VI 2.02 of the Staff Rules stipulates that, having regard to the gravity of the breach or misconduct in question, the disciplinary action shall be:
- a warning;
- a reprimand;
- suspension without remuneration or pay for a period not exceeding six months;
- downward adjustment of the staff member’s salary;
- demotion;
- dismissal.
The Director-General shall consult the Joint Advisory Disciplinary Board (JADB) prior to taking any disciplinary action other than a warning or a reprimand (Article S VI 2.04 of the Staff Rules). In cases of particular serious misconduct, the Director-General may decide to dismiss without notice and without consulting the JADB (Article S VI 2.05 of the Staff Rules).
Complaints before the Administrative Tribunal of the International Labour Organization (ILOAT)
A decision may be challenged externally by filing a complaint before the ILOAT:
- when internal procedures have been exhausted and the decision is final;
- when an internal challenge is not permitted by the Staff Rules and Regulations; or
- when the complainant is authorised to proceed directly to the Tribunal.
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Requests for review:
From 1 January to 31 December 2020, no new requests for review of administrative decisions were introduced.
- In December 2019, a staff member had requested review of the decision to recognize their illness as occupational, contesting the illness consolidation date and the indemnity rate for deterioration of physical health. The decision has been suspended pending settlement of a dispute of a medical nature initiated in 2020, the outcome of which is expected in 2021.
Internal appeals (Joint Advisory Appeals Board (JAAB)):
During the period from 1 January to 31 December 2020, 198 internal appeals were introduced:
- In April 2020, five appeals were introduced by associated members of the personnel further to the introduction of ceilings for the processing of subsistence allowances by CERN on behalf of third parties.[2] These appeals were deemed irreceivable since no changes had been made to their conditions of association. In addition, one appeal was time-barred.
- In April 2020, 192 appeals were introduced by associated members of the personnel against the decision to replace the 2019 internal tax annual certificate by an individual annual statement for associated members of the personnel for whom CERN processed subsistence allowance payments on behalf of third parties. Following the decision of the Director-General to exceptionally issue tax certificates for 2019, the appeals were deemed irreceivable as the dispute had thus been rendered moot.
- In July 2020, an appeal was introduced by a staff member against the decision to qualify their performance as “fair” for the reference year 2019. The procedure is ongoing and a conclusion is expected in the first quarter of 2021.
In 2020, the Director-General took the following decisions concerning appeals lodged in 2019:
- In February 2019, a staff member had introduced an appeal against the decision not to be awarded an indefinite contract at the outcome of a selection procedure. In January 2020, the Director-General decided to follow the JAAB’s recommendation to reject the appeal.
- In October 2019, a staff member introduced an appeal against the decision not to qualify their commuting accident as being of occupational nature. In October 2020 the Director-General decided to follow the JAAB’s decision to reject the appeal.
- In July 2019, a staff member had introduced an appeal against the decision to qualify their performance as “fair” for the reference year 2018. In November 2020, the Director-General decided to follow the JAAB’s recommendation to reject the appeal.
- In June 2019, a staff member had introduced an appeal against the decision to qualify their performance as “insufficient” for the reference year 2018. In November 2020, the Director-General decided to follow the JAAB’s recommendation to renew the performance assessment and qualification.
- In March and April 2019, four staff members had introduced appeals against the outcome of their career reviews. The reviews had been carried out further to a recommendation made in the context of their previous internal appeals. In November and December 2020, the Director-General decided to follow the JAAB’s recommendation to reject three of the appeals. The hearing for the fourth appeal has been postponed due to medical reasons; the procedure is expected to resume in 2021.
Other appeals:
- In December 2019, a staff member had introduced an appeal against the decision not to be awarded an indefinite contract at the outcome of a selection procedure. The staff member decided to withdraw the appeal prior to the hearing.
- An appeal that had been introduced in November 2018 by a staff member against the refusal to grant reimbursement of medical expenses at the occupational rate, on the basis that the accident had been consolidated for a period of more than 10 years, was suspended in June 2019 by mutual agreement pending revision of Administrative Circular No. 14 with regard to the definition of, and time limit for, “relapse”. The revised Circular was published in January 2020 suppressing the 10-year time limit, and hence allowing the staff member eligibility for full reimbursement and consideration for an indemnity. The appeal is pending revision of the appellant’s medical status under the new provisions.
- In July 2019, a staff member had introduced an appeal against the decision to reject their request for removal of personal information from their CERN medical file. The hearing for this appeal has been postponed due to health reasons; the procedure is expected to resume in 2021.
Warnings and reprimands:
In 2020, the Organization issued four reprimands:
- One reprimand was issued to a User, following the outcome of a harassment investigation, for behaviour towards a colleague creating a stressful and hostile working environment.
- One reprimand was issued to a staff member for refusing to comply with the instructions given by a security agent on entering the site and for aggressive behaviour including physically grabbing the agent’s clothing.
- Two reprimands were issued to Users involved in falsifying a letter sent outside the Organization concerning a private matter, and which led the recipient to believe that the letter was sent on behalf of the Organization.
The Joint Advisory Disciplinary Board (JADB):
In 2020, the JADB was not convened.
In 2019, a procedure had been introduced, with regard to a staff member, following the outcome of a harassment investigation. In 2020, the Board submitted its report to the Director-General. The Board considered that the behaviour in question indeed constituted misconduct. The Director-General decided to follow the majority recommendation of the Board to demote the staff member.
Dismissal notified during the probation period:
In 2020, three employment contracts of staff members were terminated due to insufficient performance during the probation period (as per Article S II 5.01 g of the Staff Rules).
Particularly serious misconduct
In 2020, no actions were taken pursuant to Article S VI 2.05 of the Staff Rules.
Complaints before the Administrative Tribunal of the International Labour Organization (ILOAT):
During the period from 1 January to 31 December 2020:
- In April 2020, a former staff member filed a complaint with the ILOAT against the Director-General’s decision not to grant them an indefinite contract (IC). The Tribunal’s ruling is expected in 2021.
- In October 2020, three associated members of the personnel filed individual complaints with the ILOAT against a change in the conditions governing the processing by CERN of subsistence allowance payments on behalf of third parties (introduction of a ‘cap’). The Tribunal’s ruling is expected in 2022.
The ILOAT ruled in eight cases involving the Organization, which had been filed in 2018:
- In a case filed by a former staff member against the decision of the Director-General to terminate their employment at the end of the probation period, due to unsatisfactory performance, the Tribunal found in favour of the Organization on all counts.
- In six cases filed by staff members against the outcome of the 2015 five-yearly review, specifically the implementation of the new career structure, the ILOAT rejected the Complainants’ claims and found in favour of the Organization on all counts. All requests for intervention in the proceedings were dismissed by the Tribunal.
- In a case filed by a staff member against the outcome of the 2015 five-yearly review, specifically the implementation of the new career structure, as well as the qualification of their performance for the reference year 2016, the ILOAT set aside the decision to qualify the Complainant’s performance as “fair” and remanded the matter to the Organization to take a new decision. The Complainant was awarded costs by the Tribunal. All claims relating to the five-yearly review were rejected and the requests for intervention in the proceedings were dismissed by the Tribunal.
[1] See Chapter VI of the Staff Rules and Regulations on “Settlement of Disputes and Discipline”, also OC9 on “Principles and procedures governing complaints of harassment”; OC10 on “Principles and procedure governing investigation of fraud”.
[2] As from 1 January 2021, these allowances are henceforth entitled ‘cost-of-living allowance’.