Human Resources Department: report on the settlement of disputes and discipline
The 2015 Annual Report from the Human Resources Department concerning the settlement of disputes and discipline under Chapter VI of the Staff Rules and Regulations.
Introduction
The 2015 Annual Report under Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report:
- cases of submission of requests for review;
- internal appeals;
- complaints before the Administrative Tribunal of the International Labour Organization (ILOAT); and
- cases in which disciplinary action was taken.
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.
Complaints before the ILOAT
A decision may be challenged externally by the filing of a complaint before the ILOAT:
- when internal procedures have been exhausted and the decision is final or,
- when an internal challenge is not permitted by the Staff Rules and Regulations.
Requests for review
From 1 January 2015 to 31 December 2015, there were three requests for reviews of administrative decisions taken by the Director-General.
- One staff member challenged the rating of their performance as “meritorious” and the granting of one periodic step at the outcome of the 2015 annual advancement and promotion exercise.
- One staff member contested the decision concerning their promotion from Ec to Fa (i.e., rather than into Fb) at the outcome of the 2015 annual advancement and promotion exercise.
Internal reviews for both matters were carried out by the Human Resources Department and the Director-General decided to maintain these administrative decisions.
- One retired staff member contested a promotion decision taken in connection with the 2003 Technical Engineers and Administrators Careers Committee (TEACC) on the basis of a perceived lack of neutrality. This request was deemed to be irreceivable.
Internal appeals
From 1 January 2015 to 31 December 2015, two internal appeals were submitted to the Director-General. Both appeals challenged the administrative decisions to award a periodic step further to the outcome of the 2015 annual advancement and promotion exercise. Following recommendations by the JAAB to confirm the Organization’s impugned decisions, the Director-General followed the JAAB’s recommendations and confirmed the Organization’s original decision to award a periodic step.
Complaints before the ILOAT
From 1 January 2015 to 31 December 2015, one complaint was filed before the ILOAT. The complaint concerns the Director-General’s decision to terminate the employment contract of a CERN fellow following the recommendation by the Joint Advisory Disciplinary Board. The final decision on this complaint is not expected before 2017.
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 Staff 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 may be:
- a warning;
- a reprimand;
- suspension without remuneration or pay for a period not exceeding six months,
- loss of one or more steps; or
- dismissal.
The Joint Advisory Disciplinary Board (JADB) shall be consulted by the Director-General 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 particularly 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).
Warnings, reprimands and site bans:
In 2015, six warnings, two reprimands and three site bans were issued as follows:
- Three warnings for refusal to comply with security guard controls and demonstrating discourteous behaviour toward the security guards.
- One warning for misconduct (i.e., inappropriate behaviour toward a staff member).
- One warning for defacing and removal of LGBT posters on the CERN site.
- One warning for violation of building access and safety rules.
- One reprimand, with additional measures, for moral harassment, following an investigation under Operational Circular No. 9.
- One reprimand for alcohol consumption during duty hours and for discourteous behavior.
- Three retirees were issued with temporary site bans following refusal to comply with security guard controls and for discourteous behaviour toward the security guards.
The Joint Advisory Disciplinary Board (JADB):
From 1 January 2015 to 31 December 2015, the JADB was convened to study two matters:
- Examination into incidents of alleged computer hacking which, following the JADB recommendation, resulted in the termination of the employed member of personnel’s employment contract.
- Examination into obtaining personal benefit from CERN material, which following an investigation under Operational Circular No. 10 and subsequent examination and recommendation by the JADB, resulted in the Director-General’s decision to withdraw one step.
Dismissal notified during the probation period:
In 2015, two staff members’ contracts were terminated following dismissal notified during the probation period (as per Article S II 5.01 g of the Staff Rules).
Dismissal without notice:
In 2015, a User’s contract of association with the Organization was terminated for non-repayment of debts to the Organization.
