Agreement on a Procedure for the Resolution of Grievances Presentation by the The Staff Union Committee 26 May 2000

Relevance of the Agreement  Replaces relevant procedures in the Staff Regulations  Takes precedence over relevant provisions of the Staff Regulations in any case of conflict between the two texts (Art. 6c)

Natural Justice Applies:  The agreement establishes a procedure…in accordance with due process, fair procedures and natural justice…(Preamble)  The rules of natural justice require that nobody should be judge of his/her own case and that the parties should have the right to be heard (Principle 2)

Acquired Rights Preserved:  The parties recognise that this agreement represents an improvement on existing structures and processes. Nothing in this agreement shall adversely affect other substantive entitlements of staff (Preamble)  The Staff Regulations shall be amended… to meet the terms of this agreement, while preserving other substantive entitlements of staff members as described in the Preamble (Art. 6 c)

Full Access to Information  The Office recognises the duty to release information relevant to a grievance (Principle 6)  …The staff member shall have the right to the disclosure of all relevant information material to the outcome of the process (General Provision b)

Whistleblowing Clause  Representations relating to a reasonable and honest concern with regard to the legality of a workplace practice shall be submitted directly to the Ombudsperson by the staff member(s) or the Union… (Art. 1.4)  The role of the Ombuds is… at his/her own initiative or upon the request of the Parties… to conduct investigations &/or propose measures to improve the Office working conditions and environment (Art. 2.1 (a) 2)

Class Action  A decision on class action shall have binding effect in all similar cases (Definition f)  CA admitted before the Ombudsperson and the Joint Panel (General Provison c)  Negotiations to admit CA before the ILO Administrative Tribunal

The Role of the Union  SUC has equal role to ILO in nomination of Joint Panel members and Ombudsperson  SUC can represent any staff member at any stage of any grievance  SUC can launch whistle- blowing and class action

The Role of Management  Managers – including Executive Directors - are directly accessible at the informal process  Managers must meet staff within 10 days  Decision within 10 days, reflecting consultations among all levels (Art. 1.1 d)

The Role of Legal Advice  Neither party shall have the right to legal representation during the informal process & the Ombuds (Art. 1.1 g & Art. 2.5b))  Legal representation possible at JP process (Art.3.3 b)

The Basic Concept  Encourage informal resolution  Support from neutrals at the informal level (facilitators, Ombudsperson)  Joint Panel - first level of adjudication, binding on both sides  Appeal to Administrative Tribunal open  Time-limits for each phase

Informal Process  Informal meeeting with person concerned  Response from superior on action taken  Grievance settled – or  Transmit matter to Ombudsperson

Ombudsperson Process  Grievance shall be referred to Ombudsperson unless both parties agree in writing to bypass the Ombudsperson process.  The Ombudsperson shall propose a solution to the grievance, and shall provide a reasoned report in writing if resolution is impossible.

Joint Panel Process  Staff member may refer outcome of the informal process or the Ombudspersn to the JP  JP shall receive written statements, and can decide to hold hearings, call witnesses, receive information  The JP shall decide within 30 (60) days on any appropriate remedy (including re-instatement, compensation or costs)

Time Limits (1) 1.Informal process 2.Ombuds process 3.Joint Panel process a)Sieze within 30 days b)Meet within 10 days c)Reply within 10 days a)Sieze within 20 days b)30 days’ deliberations and report (60 if agreed) a)Sieze within 30 days b)30 days’deliberations (60 if needed) + 10 days to decide c)DG’s decision within 10 days

Time Limits (2) « Where a time limit governing the response to a grievance is not observed, the staff member has the right to initiate the next stage of the process » (General Provision d)

Costs  The Office shall provide the budget for the Ombuds function (Art. 2.2 f)  All costs arising from the hearings of the JP shall be borne by the Office. (Art.3.4)

Agreement on Related Issues: The Parties undertake to negotiate… (Art. 4)  specific procedures… to deal with:  Harassment (DONE)  discipline (Art. 5)  amendments to the Statute and rules of the ILO Administrative Tribunal,  establishment of a second appellate instance,  introducing class action before the ILOAT and before the 2 nd appellate instance