All members of personnel are subject to Chapter VI of the Staff Rules and Regulations, which deals with the settlement of disputes and discipline. Indeed, as international civil servants, we are no longer subject to national jurisdiction with regard to our conditions of employment or association arising from our contracts or the Staff Rules and Regulations. Our Organization therefore has several bodies to administer “internal justice” at CERN. Finally, the Director-General takes all final decisions in matters of internal justice. It is important to remember that a second level of jurisdiction exists: a final decision for CERN can be challenged externally, by lodging a complaint before the Administrative Tribunal of the International Labour Organization, ILOAT.
In accordance with Article S VII 1.04 of the CERN Staff Rules and Regulations, the Staff Association shall be entitled to be represented in the various advisory bodies provided for.
Mandate
A member of the personnel may challenge an administrative decision by the Director-General which adversely affect his employment or association conditions, as they derive from his contract or from the Staff Rules and Regulations.
A request for an internal appeal is addressed to the Director-General who, if he considers it receivable, consults the Joint Advisory Appeals Board,
before taking a final decision on the merits of the appeal. The Director- General convenes the Board within 30 calendar says of receipt of the appeal
and communicates to the Board the basic documents submitted by the member of the personnel concerned. The composition of the Board is set out in the Staff Rules. The Board begins to examine the case within 30 calendar days. It may at any time initiate any investigation procedures which it deems necessary for the examination of the case. The Chairman of the Board may grant, upon written request, an extension of the time limits. He represents the Board for all proceedings.
The decision by the Director-General may be challenged at the Administrative Tribunal of the International Labour Organization.
Members
Mandate
The Joint Advisory Disciplinary Board is convened on the decision of the Director of Administration to study grievances against a member of staff which is deemed to warrant disciplinary action that goes beyond a warning or a reprimand.
The JADB is not a tribunal. It investigates the case presented by the Administration and, within thirty days of the end of the hearing, forwards its report, including its recommendation, to the Director of Administration. The member of the personnel concerned and the representative of the Organization may be assisted by another member of the personnel during the hearing of both parties. The decision by the Management, like any other decision by the Director-General, may then be challenged at the Administrative Tribunal of the ILO.
Members
Mandate
The Joint Advisory Rehabilitation and Disability Board, appointed by the Director-General, examines the cases referred to it and recommends relevant measures.
No one may be dismissed following a medically-certified disability without the Director-General’s consulting the Joint Advisory Rehabilitation and Disability Board beforehand.
Members