1.1 The Parties recognise the need to work in accordance with the spirit of the Recognition and Procedural Agreement dated 27 March 2000, in good faith and with mutual respect.

1.2 The Office guarantees that all staff members have the right to invoke the grievance procedure and may do so without fear of victimisation or unfavourable treatment as a result.

1.3 The Parties recognise that the rules of natural justice require that nobody should adjudicate his/her own case and that the parties should have the right to be heard.

1.4 The Parties recognise that it is desirable that a grievance should be resolved as quickly as possible and at the level closest to where it arose.

1.5 The Parties recognise the need to develop and implement strategies aimed at preventing grievances. Particular emphasis should be placed on taking measures to eliminate all forms of harassment.

1.6 The Office recognises its duty to release documents and information relevant to a grievance.

1.7 The Parties recognise their duty to safeguard privacy and confidentiality during the process.

1.8 The Office recognises the role of the Staff Union to represent any staff member, at his/her request, in relation to matters dealt with under this Agreement.

1.9 The Parties recognise the need for information and training to be provided to staff members and managers on the operation of the grievance procedure.

1.10 The Parties emphasise the importance of field-based staff having full access to all processes within the grievance procedure. To facilitate such access, where possible, greater use should be made of information technology, including video-conferencing. To further facilitate improved participation in the grievance procedure, field staff members may appoint any representative provided for under this Agreement to act on their behalf.

1.11 The Parties agree to introduce special measures to deal with class actions.

Article 2
Definitions

2.1 The expression ‘staff member’ means any person with a paid relationship with the Office. This definition shall exclude bona fide external collaborators, daily contract workers and commercial service providers.

2.2 The expression ‘Union representative’ means the Officers of the Union, Accredited Union Officials, Shop Stewards or such staff members appointed by the Union to represent it.

2.3 The expression ‘days’ means working days.

2.4 The expression ‘grievance’ means disagreement on any issue arising out of a staff member's work or employment.

2.5 Matters may not be considered as grievances if they can more properly be dealt with through the Joint Negotiating Committee under the Recognition and Procedural Agreement.

2.6 The expression "facilitation" is understood to be a process whereby a facilitator encourages the parties to resolve the issues in dispute between them and reach a mutually acceptable outcome.

2.7 The expression "applicable line manager" means the immediate staff member’s supervisor or any of the superiors of that supervisor.

2.8 The expression "Senior Director" means the relevant Executive Director, Regional Director or other manager of equivalent organizational level reporting directly to the Director-General.

2.9 The expression ‘class action’ means an action initiated by two or more staff members concerning the same or a very similar issue as described in the General Provisions. A decision on a class action shall have binding effect in all similar cases.

Article 3
General Provisions

3.2 The operation of the procedure for the resolution of grievances shall not inhibit the ability of the Office to implement decisions. The Parties acknowledge, however, that the implementation of certain decisions can impact materially on a staff member, irrespective of the outcome of a particular grievance. The implementation of a decision shall be considered to impact materially on a staff member where the situation of the staff member or his/her immediate family would be jeopardized in humanitarian terms.

3.3 A staff member who believes that he/she will be so affected may make a reasoned request to the Ombudsperson for a full or partial stay on implementation. Such a request must be made within 10 days of the lodging of the grievance.

3.4 The Ombudsperson shall recommend action to the Director-General on such a request as a matter of urgency, but not later than 10 days from the date of the request. In making his/her recommendation, the Ombudsperson shall specify whether a stay should operate, and, if so, its duration and the conditions to be applied during that period.

3.5 The Office shall give the Ombudsperson access to all relevant documents and information to assist the review of the circumstances concerned.

3.6 The Director-General shall notify the staff member of his/her reasoned decision, as well as the Ombudsperson’s recommendation, on the issue. The Director-General’s decision, and his/her explanation to the staff member thereof, shall reflect the principles identified in paragraph one of the Preamble to this Agreement.

3.7 During the course of this process, a stay on the implementation of the decision will operate.

3.8 All grievances shall pass through this process, except those referred to in Article 4.3 below.

3.9 In any case where a grievance is initiated under this Agreement but the Office contests its application by virtue of paragraph 4.3, the matter shall be referred by the Office to the Ombudsperson within 10 days.

3.10 The Ombudsperson shall make a recommendation to the Director-General, not later than 10 days from the date of the Office’s request, as to the procedure to apply in relation to the matter.

3.11 The Office shall give the Ombudsperson access to all relevant documents and information to assist the review of the circumstances concerned.

4.1 A staff member is encouraged in the first instance to attempt to resolve directly with the individual(s) concerned any question arising out of his/her work or employment.

4.2 If a question relating to a workplace issue cannot be resolved informally, a staff member may have recourse to the procedure for resolution of grievances, through dialogue and/or by adjudication, provided for under this Agreement.

4.3 A Grievance covered by an established and specific procedure, such as one relating to a matter concerning discipline, job classification, selection or performance appraisal, will continue to be resolved in accordance with the relevant procedure under the applicable rules, until such time as the procedure has been changed in agreement between the parties.

Resolution by dialogue process

Article 5
Objective and scope

The Resolution by Dialogue Process provides an opportunity for grievances to be resolved at an early stage through dialogue between the applicable manager and the staff member concerned, with the option of assistance from facilitators and/or the Ombudsperson.

Article 6
Meeting between manager and staff member

6.1 Any staff member wishing to invoke the grievance procedure shall do so within 60 days of the date on which the cause of the grievance arose, or, if the grievance relates to an ongoing matter, within 60 days of the last date on which the matter affected him/her. Where, for exceptional reasons, a staff member wishes to invoke the procedure after the expiry of this time limit, he/she shall refer a request in writing to the Ombudsperson, who shall have the power to decide if the grievance should be heard notwithstanding the delay. Such decisions of the Ombudsperson shall be final and without appeal.

6.2 To initiate the procedure, a staff member must request a meeting with any of the applicable line managers, in writing or by e-mail, stating the nature of the grievance. In all cases, the staff member should send a copy of the grievance to the relevant Senior Director.

6.3 The line manager(s) so notified shall have a duty to meet with the staff member as soon as possible once notification of the grievance is delivered, and in any case within 10 days of delivery.

6.4 In reviewing a grievance, the applicable line manager will seek advice from the appropriate support departments and/or ensure that other parties associated with the grievance are consulted.

6.5 Following the meeting, the applicable line manager shall communicate to the staff member the action he/she is proposing to take. The staff member shall be so notified, in writing or by e-mail, within 10 days of the meeting. The notification will also confirm that the relevant Senior Director has been consulted.

6.6 The staff member has 30 days from the date of communication of the proposed action in which to decide whether to refer the matter to the Ombudsperson or the Joint Panel.

6.7 The staff member shall have the right to be represented by a Union representative or past or present ILO staff member throughout the Resolution by Dialogue Process. The staff member shall have the right to be accompanied by his/her representative at the meeting with the applicable line manager. The applicable line manager may involve officials from appropriate support departments. Neither party shall have the right to legal representation during the Resolution by Dialogue Process.

6.8 A short written record of the outcome of the meeting shall be kept and exchanged by both parties.

Article 7
Facilitation

7.1 In the course of the resolution by dialogue procedure, either the staff member or the line manager may refer the matter to one of the facilitators from the list of trained, peer-based facilitators. The staff member and the line manager will agree on the facilitator selected from the list. While efforts are continuing to resolve the grievance, the time limit for submitting a proposal by the applicable line manager (referred to in Article 6.5) is suspended.

7.2 If the facilitator cannot bring the parties to resolution after 10 days, or a longer period if agreed, the facilitator shall communicate to the parties that he/she is unable to proceed further. The line manager will then have to communicate his/her proposal as foreseen under Article 6.5 above.

8.1 Representations relating to a reasonable and honest concern with regard to the legality of a workplace practice relating to conditions of work or employment ("whistleblowing"), with the exception of allegations falling within the scope of Part XIII (sections 13.10 and 13.30) of the Financial Rules, shall be submitted directly to the Ombudsperson by the staff member(s), or the Union acting on their behalf, as soon as possible.

8.2 The Parties undertake to review, in the currency of this agreement, the operation and the scope of "whistleblowing" arrangements, including those relating to financial irregularities, in the light of developments in the Office impacting on this issue.

Article 9
Role of the Ombudsperson

9.1 The Ombudsperson shall be a suitably qualified person appointed by joint agreement of the Parties from outside the Office. His/her role will be to:

9.2 The Ombudsperson shall have the duty to seek to resolve disagreements through fact-finding, discussion, referral to a facilitator (where appropriate) and involvement of all interested parties.

9.3 In the conduct of his/her activities, the Ombudsperson shall operate independently of the Parties to this Agreement, and shall fulfil the necessary functions with full autonomy.

9.4 The Ombudsperson shall provide an annual report to the Parties and to the Joint Human Resources Committee on the activities undertaken, the recommendations made and any action taken by him/her during each year.

10.1 A grievance may be referred to the Ombudsperson where a staff member is not satisfied with the applicable line manager’s proposal.

10.2 A staff member may refer the grievance to the Ombudsperson by making a statement in writing to the Ombudsperson within 30 days of notification of the line manager’s proposal. The statement shall contain the following details:

10.3 Once the Ombudsperson has received the written statement mentioned in the previous paragraph, he/she shall decide what action to be taken to effect resolution of the matter, and may initiate further statements, meetings, discussion with and involvement of all interested parties.

10.4 The Ombudsperson may, in the course of seeking resolution, call for the production of all documents or information as may be considered relevant.

10.5 All staff members have a duty to co-operate with the Ombudsperson when requested to do so. Refusal to co-operate with an Ombudsperson's investigation can be the subject of a special report by the Ombudsperson, to be submitted to the Joint Human Resources Committee for further action.

Article 11
Ombudsperson Process

11.1 Where the staff member requests that a meeting be held or where the Ombudsperson deems it necessary, the Ombudsperson shall arrange a meeting with the staff member and any other interested parties by written notice to the parties.

11.2 Any of the parties shall have the right to be present at the meeting insofar as they are directly concerned; these parties also have the right to be represented and accompanied by a Union representative or by a past or present ILO official of their choice at the meeting. Neither party shall have the right to legal representation before the Ombudsperson.

11.3 The conduct of the meeting shall be at the discretion of the Ombudsperson, subject to the principles of natural justice upon which this Agreement is based.

11.4 Following the meeting, further discussions or investigations may be undertaken by the Ombudsperson to seek to develop a proposal for resolution of the grievance.

Article 12
Ombudsperson's Report

12.1 The Ombudsperson shall prepare a report detailing the outcome of the referral and/or of the process, and shall, if possible, make proposals for resolution.

12.2 If the Ombudsperson is unable to develop a proposal for resolution, he/she shall provide both parties with a reasoned report explaining why resolution was not possible.

Article 13
Time Limits

13.1 The Ombudsperson shall have a time limit of 30 days from the initial notification of the grievance to him/her, within which to endeavour to effect resolution and provide a report to both parties. Before the expiry of the 30 days, the time may be extended to a maximum of 60 days, but only if both parties agree. If they do not agree, the Ombudsperson shall provide both parties with a reasoned report explaining why resolution was not possible.

Article 14
Completion of the Resolution by Dialogue Process

14.1 On the basis of the Ombudsperson’s report, the applicable line manager will take a decision on the grievance within 10 days of receipt of the report. Should the line manager’s decision differ from the approach proposed in the report of the Ombudsperson, the line manager will give a reasoned decision in writing. If the staff member is not satisfied with the line manager’s decision, he/she may refer the grievance to the Joint Panel within 30 days of receipt of the decision.

Resolution by adjudication process

Article 15
The Joint Panel

Overview

15.1 The Joint Panel Process shall take the form of a full examination of the facts and/or arguments in dispute between the parties to a grievance and shall culminate in an action proposed by the Joint Panel.

15.2 The Joint Panel shall comprise three members appointed by the parties (according to the provisions specified in Article 25 below): a titular or substitute member nominated by the Office and a titular or substitute member nominated by the Union; and a Chairperson.

Article 16
Referral to the Joint Panel

16.1 The staff member may refer the grievance to the Joint Panel by written notice within 30 days of the applicable line manager’s decision.

16.2 The written notice shall contain information under the following headings:

16.3 Once the Joint Panel has been formally notified of the grievance in this way, it shall invite the other party or parties involved to make a similar statement in writing setting out their position. Any such statement shall be notified to the Joint Panel within the time specified by the Joint Panel in the request for such statement.

17.1 Once the Joint Panel has received the written statements, it shall arrange a full examination of the grievance by written notice to both parties. Each party shall have the right to request an oral hearing before the Joint Panel, and the Joint Panel shall decide if an oral hearing is necessary. The decision of the Joint Panel on oral hearings shall be final and without appeal; the Joint Panel shall supply specific reasons if a request for an oral hearing is refused.

17.2 Both the staff member and the line manager whose decision is questioned shall have the right to be present at an oral hearing.

17.3 For the purpose of the examination, the parties shall have the right to appoint a representative as follows:

17.4 The examination shall be conducted according to the principles of fair procedures and natural justice. Each party shall have the right to be heard, and to call witnesses. The parties or their representatives shall have the right to question witnesses called by the other party or parties. The Joint Panel may also call other witnesses where deemed necessary and decide, by a unanimous vote, to limit the number of witnesses who shall appear before it.

17.5 The Chairperson of the Joint Panel shall preside over the proceedings of the Joint Panel. The members of the Joint Panel shall, if they deem it necessary, develop rules of procedure to guide their conduct of cases, subject always to the provisions of this Agreement. The Chairperson shall be competent to decide on procedural matters, in consultation with the other members of the Joint Panel..

17.6 The Joint Panel may at any time require documents or information from any of the parties or from the Office. The documents or information must be supplied within the time granted by the Joint Panel. Copies of the documents or information shall be communicated forthwith by the Joint Panel to the parties, except when it decides by a unanimous vote that the information shall not be communicated and provides in writing a reasoned decision to the parties. The parties will be given the possibility to comment within a period of time to be determined by the Joint Panel. The Joint Panel may also seek expert advice or opinion from any source.

17.7 The Joint Panel shall keep a written and/or taped verbatim record of the hearing. Both parties shall have the right to inspect and have copies of the record.

17.8 At any time during the Joint Panel process, should the parties decide to resolve the complaint and reach a mutually acceptable solution, they can request the Chairperson of the Joint Panel to grant them time to do so; during that period granted by the Chairperson, the time limits incumbent upon the Joint Panel process (specified in Article 19) shall be suspended. If the parties jointly notify the Chairperson in writing that they reached a mutually acceptable solution, the Joint Panel process will be terminated.

Article 18
Costs

18.1 All costs arising from the hearing of the Joint Panel shall be borne by the Office, with the exception of any costs associated with external representation.

Article 19
Time Limits

19.1 The Joint Panel shall have a time limit of 30 days from the receipt of the written notice within which to hold a hearing and to come to a conclusion as to the proposed action to be communicated to the Director-General. If the Joint Panel decides that such action cannot be completed within 30 days, it must inform both parties that the time will be extended to a maximum of 60 days.

Article 20
Action proposed by the Joint Panel

20.1 The Joint Panel shall deliberate on the grievance in private. Its proposed action shall be communicated to the Director-General, and shall contain only the following information:

20.2 The Joint Panel shall have the power to propose any suitable action and/or remedy, which could include reinstatement and/or compensation and/or costs.

20.3

(a) The Joint Panel shall inform the parties and the Director-General of its proposed action within 10 days of the conclusion of the examination.

(b) The Director-General shall decide, within 20 days of the Joint Panel’s proposal being referred to him/her, what action to take on the Joint Panel’s proposal, and shall immediately communicate his/her decision to the parties.

(c) If the Director General gives no reply within the time limit laid down in the preceding paragraph, the action proposed by the Joint Panel shall be regarded as constituting the decision, and shall be binding;

(d) Where the Director-General does not accept the proposal, he/she shall give full reasons to the parties and to the Joint Panel.

Article 21
ILO Administrative Tribunal

21.1 In accordance with Article VII of the Statute of the ILOAT, the staff member has 90 days from the receipt of the Director-General's decision on the outcome of the Joint Panel, or from the date on which the Joint Panel’s proposal constitutes a decision (in line with Article 20.3), within which to refer the grievance to the Tribunal.

21.2 The Parties agree to undertake the following:

22.1 The Parties undertake to negotiate, as a matter of urgency and no later than 31.12.2000, specific procedures dealing with harassment. The issues of discipline, as well as other matters to be identified by the Parties, will be the subject of separate negotiations within the currency and framework of this Agreement.

Appointments and other institutional arrangements

Article 23
Appointment of Facilitators

23.1 The Parties shall jointly appoint persons to act as impartial facilitators. These appointments will be made within four months of the date of this Agreement. Such persons shall receive training through the Joint Human Resources Committee. The Ombudsperson shall act as co-ordinator of the facilitators.

24.1 The terms of appointment of the Ombudsperson shall be drawn up by joint agreement between the Parties within two months of the date of this Agreement.

24.3 An appropriate budget shall be provided to the Ombudsperson by the Office to carry out his/her functions.

Article 25
Appointment and Composition of the Joint Panel

25.1 (a) The Joint Panel shall be constituted within four months of the entry into force of this Agreement;

(b) The Joint Panel shall be composed of a Chairperson and two titular members. The Union and the Office shall jointly nominate the Chairperson. The Staff Union and the Office shall each appoint one titular member. Each Party shall also appoint 4 substitute members. Three members from each side shall be appointed at duty stations outside Headquarters. The substitute members shall serve on the Joint Panel if one of the titular members is unable to serve in a particular matter and taking into account financial considerations.

25.2 (a) The parties shall jointly appoint the Chairperson within four months of the date of this Agreement. The Chairperson shall be legally-trained. Only persons considered to have the requisite independence, competence and experience shall be eligible for appointment.

(b) The Chairperson shall not be on the staff of the Office at the date of appointment or have an immediate family member serving on the staff of the Office.

(c) The Chairperson shall serve for a period of two years. The Chairperson may serve for no more than two consecutive terms of two years each.

(d) The Chairperson shall not be eligible for any appointment within the Office during his/her term of office or for a period of 5 years from the expiration of that term.

25.3 The members of the Joint Panel shall hold office for a period of two years, renewable for one further two-year period only.

25.4 Participation in the work of the Joint Panel shall be considered as part of official duties. All staff members required to participate in the work of the Joint Panel shall be released to the extent necessary from their normal duties for that purpose, in order to facilitate the prompt handling of cases.

25.5 All members of the Joint Panel are required to act in an independent and impartial manner. During their terms of office and thereafter, they shall refrain from any declaration or action that may adversely affect the standing of the Joint Panel or the dignity of parties to cases before the Joint Panel. They shall at all times respect the confidentiality of proceedings before the Joint Panel.

25.6 No member of the Joint Panel may participate in deliberations concerning a grievance in which he/she may have an interest or is perceived by one of the parties to have an interest. In unclear cases, a joint forum of six Joint Panel members shall decide whether an interest exists. Where an interest is considered to exist for a Joint Panel member, a substitute member shall sit instead.

25.7 The Union and the Office shall jointly nominate a staff member to act as the Secretary to each Joint Panel. The Parties shall appoint the Secretary within 10 days from the request to convene a Joint Panel. The Secretary shall report to the Chairperson of the Joint Panel. The Secretary shall undertake his/her duties in an independent and impartial manner. He/she shall not take part in the deliberations of the Joint Panel.

25.8 An appropriate budget shall be provided by the Office to carry out to the functions of the Joint Panel.

Article 26
Transitional measures

26.1 Any grievance raised or considered before 31.12.2000 shall be settled in accordance with the provisions of the Staff Regulations that applied before this Collective Agreement on a Procedure for the Resolution of Grievances came into force on 13 September 2000.

26.2 The Parties recognise that in the implementation process, some other transitional issues might arise. At the request of one of the Parties, solutions to such transitional issues would be negotiated as a matter of urgency.

Article 27
Miscellaneous

27.1 This Agreement shall become effective on the date of signature. It shall be valid for two years from the date when the procedure will become operational. The Parties agree to review the operation of this Agreement at the end of that period. Thereafter, or in the absence of a review, the Agreement shall remain in force indefinitely.

27.2 No term of this Agreement shall be suspended, modified, cancelled or otherwise amended except by means of a written agreement signed by the Parties. The Parties may renegotiate any part of this Agreement.

27.3 The Staff Regulations and other relevant texts shall be appropriately amended to give effect to this Agreement, within six months of its signature, in a manner which also preserves other substantive entitlements of staff members within the meaning of paragraph two of the Preamble to this Agreement. In any case of doubt between this Agreement and a relevant article of the Staff Regulations, the interpretation that is more favourable to the staff member(s) concerned shall take precedence and prevail.

27.4 A copy of this Agreement and the related amendments to the Staff Regulations shall be provided to each existing and future staff member. The Parties shall ensure that all staff members are aware of the existence of this grievance procedure and shall undertake the preparation of an instruction manual for all staff on the operation of the procedure.

Annex 1
23 May 2001