Procedure for the resolution of grievances in the ILO Staff Union Committee 4 May 2004

Main features of the system System agreed through collective bargaining in 2003-2004 Focus on prevention Informal mechanism available throughout the whole process Two procedures: general grievances and sexual harassment related grievances A joint working group was created in April 2003. Consultations took place with Union representatives through questionnaires; in-depth interviews took place with the Office of the Ombudsperson, the Joint Panel members and staff representatives to identify the shortfalls of the system and identify potential solutions. The procedure consist of three components: prevention, informal resolution and a formal grievance resolution, with a general grievance procedure and a sexual harassment procedure.

Prevention Training Information Development of policy statements Periodic reports by the JAAB and the Mediator

Informal mechanism Third party assistance Facilitation Mediation No official records Possibility to have informal resolution for a group of officials An official may request the assistance of an HRD official, a high-level chief, the Staff Union or and ILO official or former official to assist with the informal resolution through dialogue. An official may also request the services of a facilitator or the Mediator. The informal mechanism is based on the willingness of the parties to engage in the resolution of the problem, and therefore no official records will be kept. This does not prevent the parties from having a personal record of the agreement if they decide to do so. But they won’t be able to make use of it in a formal procedure if it is not respected. The process is confidential to the parties. The parties will have these possibilities at any time and for all workplace problems. There are time limits if they want to file a formal complaint.

Facilitation Pool of trained facilitators Approach the parties’ position List available Official duties Strengthened role for facilitators in the Field The role of a facilitator is to enable confidential dialogue between the parties so that they can explore options for its informal resolution. Confidential, no records. Appointed by the Mediator A list of trained facilitator can be obtained from the Mediator’s Office. The work of a facilitator shall be considered official duties and officials who are facilitators shall be released to the extent necessary from their normal duties for this purpose. For the field, there will be at least two trained facilitators/mediators in each region.

Mediation Explore possible solutions with the parties Coordinates and trains facilitators Conflict prevention through periodic reporting to the JNC Publish information considered to be of general interest to the staff The Mediator shall not be an ILO official at the time of the appointment and shall be nominated by joint agreement between the parties.

Formal mechanism to solve a general grievance Request for an administrative decision (review by HRD) Joint Advisory Appeals Board (JAAB) Administrative Tribunal Possibility of informal resolution at any time To file a general grievance, an administrative decision has to be made.

Referral to the JAAB Chairperson appointed by the DG on recommendation of the Joint Negotiating Committee Members nominated by the each of the parties Number of panels Recommendation sent to the DG, who makes the decision At least three chairpersons, who shall not be ILO officials, appointed by the DG on recommendation of the JNC and two groups of members who shall be serving ILO officials nominated by each of the parties. Each case sall be examined by a Panel comprising a Chairperson adn two members, one of each group. Its role is to advise the Director general as to the merits of the specific claims submitted to it. The JAAB shall assume responsibility to hear specific existing appeals procedures provided for in the Staff Regulations, such as appeals for review of performance appraisals, appeals in respect of selection and recruitment, discipline, termination on reduction of staff, etc.

Sexual harassment mechanism Intervention of HRD If unsatisfactory measure, no measure, or considered appropriate, independent investigation Fact finding and recommendations sent to DG for decision The sexual harassment grievance procedure shall consist of the following stages: review by HRD and investigation Procedure available to job applicants and any other individuals with a contractual relationship with the Office, such as interns, external collaborators and technical cooperation personnel. Pool of trained investigators drawn from ILO officials. Report containing fact finding and suggestions, where appropriate.

What’s next? Draft terms of reference of JAAB and Mediator Draft terms of reference for the JAAB’s Secretariat Select and appoint members Progressive implementation