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 applicable1. This report provides an overview of the cases handled under Chapter VI of the Staff Rules and Regulations in 2022.
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 2022, two requests for a review of administrative decisions were introduced:
- In January 2022, a staff member requested a review of the decision not to be selected for the award of an indefinite contract following a CERN Contract Review Board procedure. The Director for Finance and Human Resources decided to maintain the decision, with the consideration that the procedure had been carried out in compliance with the relevant legal framework, and noting that the principles of transparency and fairness were not compromised in the selection process.
- In November 2022, a fellow requested a review of the decision concerning the amount of payment of their travel costs upon taking up appointment. In the final decision, the Director for Finance and Human Resources decided on a reviewed amount of reimbursement for travel expenses.
Internal appeals (Joint Advisory Appeals Board (JAAB)):
During the period from 1 January to 31 December 2022, seven internal appeals were introduced:
- In January 2022, two staff members introduced internal appeals against the Organization’s general decision, for reasons linked to data privacy, to no longer deduct annual Staff Association membership fees through the January payroll. The appeals were deemed irreceivable since the situation had no adverse effect on employment conditions. Subsequently, the Organization continued to offer this Service to the Staff Association.
- In April 2022, three staff members introduced internal appeals against the decision not to increase basic salaries in January 2022 as an outcome of the five yearly review of financial and social conditions and the implementation of the decision by CERN Council. Following the request of the appellants, the Director-General authorized the direct referral to the ILOAT. One of the staff members withdrew their internal appeal.
- In June 2022, two staff members introduced internal appeals against the Director-General’s decision, which concluded an arbitration procedure concerning the methodology of calculation of the salary increase annual budget in the context of the 2022 MERIT Guidelines; and the decisions to qualify their personal performance during the year of 2021 as “strong”. Both appellants also requested the Director-General’s authorization to directly challenge the decisions before the ILOAT, which the Director-General rejected. The Director for Finance and Human Resources considered the appeals receivable only with regard to the individual performance qualification decisions and resulting performance rewards. The outcome of the appeals is expected in the first half of 2023.
Concerning previous appeals:
- 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. The Director-General decided to follow the recommendations of the JAAB to reject the appeals in March 20222.
- 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, in the context of an accident of occupational origin, 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 Director-General decided to follow the recommendation of the JAAB to reject the appeal in December 2022.
- In July 2021, a staff member introduced an internal appeal against the decision to qualify their performance as “fair” for the reference year 2020. This procedure was suspended pending the outcome of a procedure before the Harassment Investigation Panel, which was concluded in December 2022. The internal appeal procedure resumed in January 2023.
Warnings and reprimands:
In 2022, the Organization issued five warnings:
- A warning was issued to a staff member, further to sending an inappropriate and disrespectful email to the CERN Medical Service after having received an invitation for a blood test and medical appointment.
- A warning was issued to a User, further to verbally and physically assaulting a colleague during an altercation in their office.
- A warning was issued to a staff member, further to writing inappropriate comments concerning the CERN Management in their MERIT form.
- A warning was issued to a fellow, further to having abused their IT administrator privileges in order to access private communications between colleagues.
- A warning was issued to a User, further to inebriated and inappropriate behaviour towards the security agents at the CERN public entrance, which also required the intervention of the CERN Fire and Rescue Service.
In 2022, the Organization issued no reprimands.
The Joint Advisory Disciplinary Board (JADB):
In 2022, two decisions at the outcome of procedures initiated in 2021 were implemented2:
- The first concerning 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.
- The second concerning 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 JADB to demote the staff member and applied, in addition, the sanction of downward adjustment of salary.
Dismissal notified during the probation period:
In 2022, the employment contracts of one staff member and two fellows 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 2022, a decision following a procedure initiated in 2021 was implemented, resulting in the termination of a User’s contract due to communications presenting as established fact that CERN had illegally appropriated the member of personnel’s work and undermining the scientific integrity of the Organization (as per Article S VI 2.05 of the Staff Rules)2.
Complaints before the Administrative Tribunal of the International Labour Organization (ILOAT)3:
During the period from 1 January to 31 December 20224:
- 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 and August 2021, 59 associated members of the personnel filed individual complaints with the ILOAT against the decision to replace the 2019 internal tax annual certificate by an individual annual statement. 54 complaints were withdrawn and one was rejected as irreceivable by the Tribunal, leaving 4 outstanding cases. The Tribunal’s ruling is expected in 2024.
- 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, 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 2024.
- 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 2024.
- 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 2024.
- 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 2024.
- 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 2024.
- 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 2024.
- 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 2025.
- In January 2022, a staff member filed a complaint against the Director-General’s decision to reject their internal appeal concerning an allegation of harassment. The Tribunal’s ruling is expected in 2025.
- In June 2022, two associated members of the personnel filed individual complaints with the ILOAT against the Director-General’s decision to maintain the individual annual statements issued to them during tax year 2021. The Tribunal’s ruling is expected in 2025.
- In July 2022, two staff members jointly filed a complaint with the ILOAT against the Director-General’s decision to reject their internal appeals against their individual payslips, in the context of the 2021 five-yearly review. The Tribunal’s ruling is expected in 2025.
- In September 2022, two staff members individually filed complaints with the ILOAT against the Director-General’s decision to declare their internal appeals receivable only to the extent that they challenged their performance qualification for 2021, in the context of the 2022 MERIT Guidelines. The Tribunal’s ruling is expected in 2025.
- In September 2022, a beneficiary of the Pension Fund filed a complaint with the ILOAT against the Director-General’s decision to reject the granting of an ex-gratia payment as per the CHIS Rules. The Tribunal’s ruling is expected in 2025.
The ILOAT ruled in one case involving the Organization, which had been filed in 2019:
- In one case filed by a former member of the personnel against the decision of the Pension Fund Governing Board rejecting their internal appeal regarding the need to purchase a surviving spouse pension, the Tribunal dismissed the complaint in its entirety.
1 : 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”.
2 : Previously referred to in the 2021 Annual report of Chapter VI of the Staff Rules and Regulations
3 : The predictions mentioned below as to the dates of the issuing of judgements by the ILOAT are based on the Organization’s experience with the Tribunal. As the Tribunal may group cases together or deliver judgments in any order, accurate estimates cannot be provided.
4 : It is to be noted that the recent increase in ILOAT litigation against CERN continues.