Procedure for the resolution of grievances in the ILO

Main features of the system  System agreed through collective bargaining in 2000  Two procedures: general grievances and harassment-related grievances  Internal mechanism compulsory before appeal to the Administrative Tribunal (AT)  Currently under revision

Existing mechanisms to solve a general grievance  Resolution by dialogue process Meeting between the manager and the satff member Facilitation/mediation (optional)  Resolution by adjudication process Joint Panel Administrative Tribunal (no possibility of appeal)

Resolution by dialogue process « … provides an opportunity for grievances to be resolved at an early stage through dialogue between the applicable line manager and the staff member concerned, with the option of asisstance from facilitators and/or the Ombudsperson » (art. 5)  Staff member must request a meeting with any of the applicable line managers  Line manager proposes action  Written record of the outcome of the meeting  Intervention of a facilitator if agreed between the parties  If staff member not satisfied: Ombudsperson or JP

The Ombudsperson  Intervenes at the request of the party if not satisfied with the line manager’s proposal  May call for the production of documents or information if considered relevant  Duty to cooperate of the staff  Prepares a report detailing the outcome, and shall make proposals for resolution  Report sent to the parties

Referral to the Joint Panel  Written statements of all parties involved  JP examines the grievance  Right to an oral hearing  Right to appoint legal representatives  Source of law: Equity  Recommendation sent to the DG, who makes the decision

ILO Administrative Tribunal  7 judges selected by the ILC  Competent to hear complaints against 43 international organizations  Sources of law: international law, jurisprudence of the ILOAT, general principles of right, Staff Regulations  Currently consultations for reform

Procedure for harassment-related grievances  Resolution by dialogue process, any of the following levels: –Meeting between the line manager and the protected person (no record kept) –Facilitation (no record kept) –Ombudsperson process (compulsory)  Seeks to make proposal for resolution  Report sent to the parties

Resolution by adjudication  Joint Panel  ILO Administrative Tribunal

Problems of the system  No focus on prevention (no policy statement, no training)  Procedures very slow, not known and not used in the field  Investigating role of the ombudsperson not compatible with basic functions of an ombudsperson  Facilitators not used  Informal procedures should be voluntary  Individual against individual in the internal system, individual against the administration in the ILOAT

Basic features of a new system  Staff member against an administrative decision (not individual against individual)  Informal resolution paralell to formal procedures  Preventive role of the ombudsperson, no investigating functions in harassment  Special procedure for sexual-harassment

Other joint appeal bodies (make recommendations)  Review Panel (interpretation of collective agreements)  Independent Review Group (classifications)  Joint Commission (sanctions)  Medical Committee (health insurance)  Standing Committee (Pensions)