csaio 13, the hague the dispute settlement system (pre-litigation and litigation) at eib
DESCRIPTION
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 - PowerPoint PPT PresentationTRANSCRIPT
1October 2012
CSAIO 13, The Hague
The dispute settlement system (pre-litigation and litigation) at EIB
Ms. Dalila BundyDr. Patrick Vanhoudt
Staff Representatives
PROCEDURES IN PLACE
Situations of conflict on the work floorInformal 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 JusticeAny dispute regarding breach of employment contract
Formal demands for annulment of decisions affecting Staff negatively
2October 2012
Origin: Decision affecting staff negatively
3October 2012
Origin: Breach of Staff Rules – Code of Conduct: Disciplinary procedure
4October 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)
5October 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 issuesUse of sensitive data (e.g. medical) in annual appraisal
6October 2012
Conclusions
Formally, a variety of ways to settle disputes in placeRanging 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
7October 2012
IMPORTANCE OF ADEQUATE LEGAL INSURANCE FOR STAFF