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*. 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 by the Director-General to proceed directly to the Tribunal.
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Requests for review:
From 1 January to 31 December 2021, one request for review of an administrative decision was introduced:
- In January 2021, a staff member requested a review of the decision refusing the payment of accommodation expenses for a dependent child attending an educational establishment at secondary level outside the local area. The decision was maintained.
Concerning previous review requests:
- In April 2021, a decision was taken with regard to a previous file introduced in January 2020, whereby a staff member, in the context of a decision recognizing their illness as being of an occupational nature, had contested the illness consolidation date and the indemnity rate for deterioration of physical or mental health. Further to completion of a procedure for the settlement of disputes of a medical nature, the final decision was to maintain the indemnity rate and to modify the consolidation date.
Internal appeals (Joint Advisory Appeals Board (JAAB)):
During the period from 1 January to 31 December 2021, seven internal appeals were introduced:
- In January 2021, a staff member introduced an internal appeal against the decision to follow the recommendation of the Harassment Investigation Panel that the facts established during the investigation did not constitute harassment. In October 2021, the Director-General decided to follow the recommendation of the JAAB to reject the appeal.
- In April 2021, three associated members of the personnel introduced internal appeals against the decision to replace the internal tax annual certificate by an individual annual statement in respect of cost-of-living allowances processed by CERN on behalf of third parties. In March 2022, the Director-General decided to follow the recommendations of the JAAB to reject the appeals.
- In July 2021, two staff members introduced internal appeals against the decision to qualify their performances as “fair” for the reference year 2020.
- In the case of the first appellant, the procedure has been suspended pending the outcome of a Harassment Investigation procedure, expected in 2022.
- In the case of the second appellant, the qualification was reviewed through informal resolution and the staff member decided to withdraw the appeal.
- In October 2021, a former staff member introduced an internal appeal against the calculation of the indemnity for permanent deterioration of physical or mental health he received under Annex 3 of Administrative Circular No. 14 (Rev. 4) “Protection of members of the personnel against the financial consequences of illness, accident and incapacity for work”. The procedure is ongoing and a conclusion is expected in the second half of 2022.
Concerning previous appeals:
- In April 2021, the Director-General decided to follow the JAAB’s recommendation to reject an appeal lodged in July 2020 by a staff member against the decision to qualify their performance as “fair” for the reference year 2019.
- In April 2021, it was considered that the subject of a pending appeal had been addressed and the complaint had become devoid of merit. In November 2018, a staff member had introduced the appeal 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. In January 2020, the Administrative Circular No. 14 (Rev. 4) “Protection of members of the personnel against the financial consequences of illness, accident and incapacity for work” was revised with regard to the definition of, and time limit for, relapse, suppressing the 10-year time limit, hence allowing the staff member eligibility for full reimbursement and consideration for an indemnity.
- In June 2021, a staff member decided to withdraw two appeals that had been introduced in April and July 2019 but subsequently postponed due to health reasons. The appeals concerned (1) a career review decision and (2) the decision not to remove personal information from their CERN medical file.
Warnings and reprimands:
In 2021, the Organization issued one warning:
- A warning was issued to a staff member in the context of a road traffic offense, further to excessive speeding in a vehicle on the CERN site.
In 2021, the Organization issued one reprimand:
- A reprimand was issued to a User further to communications made containing erroneous and defamatory statements discrediting the work of CERN contributors and harming the reputation of the Organization.
The Joint Advisory Disciplinary Board (JADB):
In 2021, the JADB was convened to examine two cases following the outcome of a fraud investigation:
- One procedure concerned a User’s implication in, inter alia, organising and facilitating fraudulent registration of associated members of personnel and misappropriation of funds. The Director-General decided to follow the recommendation of the JADB to terminate the contract of association.
- One procedure concerned a fraudulent violation of financial and administrative rules by a staff member, and conflict of interest. The Director for Finance and Human Resources decided to follow the recommendation of the Board to demote the staff member and applied, in addition, the sanction of downward adjustment of salary.
Dismissal notified during the probation period:
In 2021, one employment contract of a fellow was 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 2021, a file was initiated based on a member of personnel’s involvement in issuing communications presenting as established fact that CERN had illegally appropriated the member of personnel’s work and undermining the scientific integrity of the Organization. The Director-General decided to terminate the contract of association pursuant to Article S VI 2.05 of the Staff Rules.
Additional information
With regard to the fraud investigation into alleged misrepresentation with a view to obtaining contracts of association and misappropriation of funds, based upon the facts identified by the investigation, the Director for Finance and Human Resources decided to take administrative measures to terminate the contracts of association of five associated members of the personnel and to suspend the eligibility of four persons for the award of contracts of association or employment for a certain period.
Complaints before the Administrative Tribunal of the International Labour Organization (ILOAT)**:
During the period from 1 January to 31 December 2021:
- In December 2018, a staff member filed a complaint with the ILOAT against the Director- General’s decision which refused the recognition of a disability resulting in an incapacity for work. All court filings were completed in 2019, however the complaint was withdrawn by the Complainant in June 2021.
- 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 2023.
- From July to 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 rulings are expected in 2023.
- In January 2021, 59 associated members of the personnel filed a complaint with the ILOAT against the decision to replace their 2019 internal tax annual certificate by an individual annual statement in respect of subsistence/cost-of-living allowances processed on behalf of third parties. One of these complaints was rejected by the Tribunal and summarily dismissed, while 54 were ultimately withdrawn. The Tribunal’s rulings in respect to the remaining 4 complaints are expected in 2023.
- In January 2021, a staff member filed a complaint with the ILOAT against the Director- General’s decision to reject their internal appeal concerning an allegation of harassment. The Tribunal’s ruling is expected in 2023.
- In February 2021, two staff members submitted requests for the revision of Judgments 4273 and 4274 with the ILOAT. The Tribunal’s rulings are expected in 2023.
- In February 2021, a staff member filed a complaint with the ILOAT against the Director- General’s decision to maintain their initial performance qualification. The Tribunal’s ruling is expected in 2023.
- In March 2021, a staff member filed a complaint with the ILOAT against the Director-General’s decision to deny their request for reclassification. The Tribunal’s ruling is expected in 2023.
- In July 2021, a staff member filed a complaint with the ILOAT against the Director-General’s decision to maintain their initial performance qualification. The Tribunal’s ruling is expected in 2023.
- In July 2021, a staff member filed a complaint with the ILOAT against the Director-General’s decision to refuse the recognition of a total disability resulting in an incapacity to work. The Tribunal’s ruling is expected in 2023.
- In November 2021, a staff member filed a complaint against the amount received from the insurer following an occupational accident. The Tribunal’s ruling is expected in 2023.
The ILOAT ruled in one case involving the Organization, which had been filed in 2020:
- In a case filed by an associated member of the personnel against the decision of the Organization to replace their internal tax certificates with an individual annual statement, the Tribunal dismissed the complaint as irreceivable.
*See Chapter VI of the Staff Rules and Regulations on “Settlement of Disputes and Discipline”, also Operational Circular (“OC”) 9 on “Principles and procedures governing complaints of harassment”; OC10 on “Principles and procedure governing investigation of fraud”.
**Due to a backlog of cases at the ILOAT, the judgments which were initially expected in 2021 have been delayed.