Annual Report 2011 from the Human Resources Department
Annual Report 2011 from the Human Resources Department concerning the settlement of disputes and discipline under Chapter VI of the Staff Rules and Regulations.
1) Introduction
The 2011 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,
• appeals to the ILOAT, and
• cases in which disciplinary action was taken.
2) 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 depending on the gravity of the breach or misconduct involved, 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).
From 1 January 2011 through 31 December 2011, there were four cases of misconduct:
1. A case of late declaration regarding a change in personal status resulted in the issuance of a warning.
2. A case of driving while intoxicated on the CERN site resulted in the issuance of a reprimand.
3. A case of fraud with respect to unemployment benefits resulted in a suspension of contract without pay for a period of six months. The JADB was consulted by the Director-General prior to taking disciplinary action.
4. A case of fraud and misappropriation of the assets of the Organization resulted in a dismissal. The JADB was consulted by the Director-General prior to taking disciplinary action.
3) Requests for Review and 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.
A decision may be challenged externally by the filing of a complaint with 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 2011 through 31 December 2011, there was one submission of a request for a review of an administrative decision taken by the Director-General. The staff member concerned challenged the rating of his performance as meritorious and the related decision of periodic advancement, e.g. the granting of one periodic step. The administrative decision was maintained following consultation of the hierarchy and the department head concerned.
Internal appeals
From 1 January 2011 through 31 December 2011, there was no internal appeal of an administrative decision by the Director-General.
Appeals to the ILOAT
From 1 January 2011 through 31 December 2011, there was no appeal filed with the ILOAT.
HR Department
