1 October 2012 CSAIO 13, The Hague The dispute settlement system (pre-litigation and litigation) at EIB Ms. Dalila Bundy Dr. Patrick Vanhoudt Staff Representatives.

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Presentation transcript:

1 October 2012 CSAIO 13, The Hague The dispute settlement system (pre-litigation and litigation) at EIB Ms. Dalila Bundy Dr. Patrick Vanhoudt Staff Representatives

PROCEDURES IN PLACE Situations of conflict on the work floor Informal meetings between HR and Staff Member Possibility for horizontal mobility of the “victim” Decisions affecting a Staff Member negatively “Amicable” internal procedures: Conciliation Procedure Adjudication Panel: disputes regarding annual appraisal European Court of Justice Any dispute regarding breach of employment contract Formal demands for annulment of decisions affecting Staff negatively 2 October 2012

Origin: Decision affecting staff negatively 3 October 2012 What are the possible courses of actions: Meetings with HR Conciliation → Bank often plays the “inadmissible” card → If successful, recommendation to the President Adjudication panel for appraisals → Binding decision to the President P.S.: Bank sets rules, but adjudication panel cannot judge the legality of the rules Court → Usually highest level of decision required by EIB

Origin: Breach of Staff Rules – Code of Conduct: Disciplinary procedure Composed of a panel 3 outcomes: - Written reprimand - A maximum of one year’s suspension of incremental salary advancement - Summary dismissal for grave misconduct If Fraud / Corruption  OLAF (very lengthy process) EIB always in position where unable to issue verdict within required 3 months Consequences on private life in case of disciplinary panel EIB Panel ≠ Court 4 October 2012

Origin: breach against Dignity at work(1) 1.Meetings with HR 2.Staff member takes initiative to launch the procedure 3.Panel 4.Recommendations to the President (non-binding) 5 October 2012

Origin: breach against Dignity at work (2) “Risks”: Counterpart can claim disciplinary measures “unfounded vs malicious” submission of cases Impact on working atmosphere and well-being Data protection issues Use of sensitive data (e.g. medical) in annual appraisal 6 October 2012

Conclusions Formally, a variety of ways to settle disputes in place Ranging from amicable settlements Over more formal internal procedures To Court actions However: Tendency to de-humanise and legalise conflicts Implementation of results at discretion of the Bank Unequal access to legal assistance 7 October 2012 EIB: own legal services + quasi unlimited resources to finance Court action vs Staff: limited resources, time + emotional stress IMPORTANCE OF ADEQUATE LEGAL INSURANCE FOR STAFF