Collective Bargaining
COLLECTIVE AGREEMENT
ON
THE PREVENTION AND RESOLUTION OF HARASSMENT-RELATED
GRIEVANCES
between
the International Labour Office
(hereinafter referred to as "the Office")
and the ILO Staff Union
(hereinafter referred to as "the Union")
Preamble
The purpose of
this Collective Agreement (hereinafter referred
to as "this Agreement") is to establish a progressive,
partnership-based approach between the Office and
the Union (the Parties) to the prevention and rapid
resolution of grievances concerning all forms of
harassment (in particular mobbing/bullying and sexual
harassment), in accordance with due process, fair
procedures and natural justice, having regard to
relevant international labour standards and the
ILO Declaration on Fundamental Principles and Rights
at Work.
This Agreement
has been concluded pursuant to both the Recognition
and Procedural Agreement dated 27 March 2000 and
to the Collective Agreement on a Procedure for the
Resolution of Grievances dated 13 September 2000.
The Parties
recognise that this Agreement represents an improvement
on existing preventive and remedial structures and
processes. All substantive entitlements of staff
members and other protected persons shall remain
intact, except where this Agreement states otherwise.
Article
1
Guiding
principles
1.1
Every person
has the right to be treated with courtesy, respect
and dignity. Consistent with this right, the Office
acknowledges that measures need to be taken to ensure
that all staff members enjoy equality of opportunity
and treatment. The Parties recognise that all forms
of harassment are not only an affront to equitable
treatment but also a serious form of misconduct
that will not be tolerated. Consequently the Parties
are committed to ensuring a working environment
which is free of all forms of harassment.
1.2
Behaviour of
this type causes harm to the mental or physical
health and well-being of individuals. It also undermines
the objectives and work of the ILO and damages the
reputation of the Organization. Accordingly, the
Parties agree that anyone who believes that s/he
has been subjected to harassment should have a right
of redress.
1.3
The Office guarantees
the right to invoke the procedures provided for
in this Agreement without fear of intimidation,
victimization, discrimination or unfavourable treatment.
This protection shall apply equally to all persons
making an allegation and to those providing information
concerning such an allegation or otherwise assisting
in any process under this Agreement.
1.4 The Parties
agree that all protected persons who have been or
are being harassed by a non-staff member have the
right immediately to refuse to work with that person,
without the fear of incurring any disadvantage,
victimization or retaliation.
1.5 The
Parties agree that any violation of the rights established
in this Agreement is subject to disciplinary and
other appropriate action.
1.6 The
Parties agree to develop and implement strategies
- including information, education, training, monitoring
and evaluation - with the objective of both preventing
harassment from occurring and influencing the attitudes
and behaviour of persons associated with the Organization
in a manner consistent with the spirit and intent
of this Agreement. Managers and staff will be trained
in the practical operation of this Agreement.
1.7 The
Parties stress that all staff have the responsibility
to comply with the provisions on harassment set
out in this Agreement. The Parties will make every
effort to ensure that all staff and other appropriate
protected persons co-operate in pursuing the effective
implementation and operation of this Agreement.
1.8 The rules of natural
justice shall apply to the resolution of harassment-related
grievances.
1.9 The
Office recognizes its duty to release documents
and information relevant to a harassment-related
grievance.
1.10 The Parties recognize
their duty to safeguard privacy and confidentiality
during any process covered by this Agreement. All
information concerning harassment-related grievances
will be handled in such manner as to protect the
privacy of all those involved.
1.11 The
Office recognizes the role of the Staff Union to
represent any protected person, at his/her request,
in relation to matters dealt with under this Agreement.
1.12 The
Parties emphasize the importance of field-based
protected persons having full access to all processes
within the harassment-related grievance procedure.
To facilitate operation of this procedure, greater
use should be made of information technology, including,
where appropriate, video-conferencing. To further
facilitate improved participation in the grievance
procedure, field-based protected persons may appoint
any representative provided for under this Agreement
to act on their behalf.
1.13 The
Parties agree that the necessary assistance and
support will be provided to ensure that, in appropriate
cases, an allegation of harassment can be resolved
informally between the parties directly involved.
1.14 The Parties acknowledge
that, in the absence of informal resolution between
the parties directly concerned, the procedures that
are set out in this Agreement will be followed to
ensure that the matter will be dealt with in a sensitive,
fair, timely and confidential manner.
1.15 The Office will
make available appropriate assistance, including
counselling, to the parties involved in
harassment-related grievances.
1.16 The Parties recognize
the need to provide a variety of alternative dispute-resolution
procedures in order to deal adequately with the
broad range of harassment-related grievances which
might arise.
1.17 The
Parties agree to introduce special measures to deal
with class action.
Article
2
Definitions
For
the purposes of this Agreement:
2.1 The
expression "protected person" means a person afforded
the protection of this Agreement and includes:
staff members;
external collaborators;
daily contract workers;
interns (both paid
and unpaid);
persons on secondment
to the Office;
staff members on
special leave;
national project
personnel;
other persons working
under the control of the Office;
any person who was
covered by paragraphs (a) to (h) above and who
claims that his/her relationship with the Office
came to an end (via resignation, dismissal or
otherwise) due to harassment, and who invokes
this procedure within 6 months of the end date
of the relationship;
such other persons
as may be agreed by the Parties.
2.2 The expression "staff
member" means any person with a paid relationship
with the Office as defined in the Collective Agreement
on a Procedure for the Resolution of Grievances (Article
2.1).
2.3 The expression
"claimant" means a protected person who has lodged
a grievance under this Agreement.
2.4 The expression
"respondent" means any person who is alleged to have
or considered to have harassed a claimant(s).
2.5 The expression
"participants" in the Joint Panel process refers to
the claimant(s), the respondent(s) and the Office.
2.6 The expression
"Union representative" means the Officers of the Union,
accredited Union officials, shop stewards or any staff
members appointed by the Union to represent it.
2.7 The expression
"days" means working days.
2.8 The expression
"harassment-related grievance" means any instance
of harassment of a protected person or allegation
of harassment made by a protected person.
2.9 The expression
"harassment" encompasses any act, conduct, statement
or request which is unwelcome to a protected person(s)
and could, in all the circumstances, reasonably be
regarded as harassing behaviour of a discriminatory,
offensive, humiliating, intimidating or violent nature
or an intrusion of privacy. It includes, but is not
limited to, the following, which may occur singly,
simultaneously or consecutively:
(a) bullying/mobbing:
repeated or persistent aggression, by one or more
persons, whether verbal, psychological or physical,
at the workplace or in connection with work, that
has the effect of humiliating, belittling, offending,
intimidating or discriminating against a protected
person. Bullying/mobbing can include:
(i) measures
to exclude or isolate a protected person from
professional activities;
(ii) persistent negative attacks on personal
or professional performance without reason or
legitimate authority;
(iii) manipulation of a protected person's personal
or professional reputation by rumor, gossip
and ridicule;
(iv) abusing a position of power by persistently
undermining a protected person's work, or setting
objectives with unreasonable and/or impossible
deadlines, or unachievable tasks;
(v) unreasonable or inappropriate monitoring
of a protected person's performance; and
(vi) unreasonable and/or unfounded refusal of
leave and training.
(b) sexual harassment:
any unwanted or unwelcome conduct of a sexual
nature, in a workplace or in connection with work,
which makes a protected person feel humiliated,
intimidated, discriminated against or offended.
The distress caused by the act or series of acts
may be intentional or unintentional. Sexual harassment
can be coercive sexual behavior used to control,
influence or affect the job, career or status
of a protected person. It can also be manifested
when one or more persons submit a protected person,
at any level, to offensive behavior or humiliation
on the basis of that protected person's sex or
sexuality, even though there may be no apparent
impact on the career or employment of the protected
person concerned. Sexual harassment can take many
forms and may include:
(i) deliberate
and unsolicited physical contact or unnecessarily
close physical proximity;
(ii) repeated sexually-oriented comments or
gestures about the body, appearance or life-style
of a protected person;
(iii) offensive phone calls, letters or e-mail
messages;
(iv) stalking;
(v) showing or displaying sexually explicit
graphics, cartoons, pictures, photographs or
Internet images;
(vi) questions or insinuations about a protected
person's private life;
(vii) persistent invitations to social activities
after the protected person has made it clear
they are not welcome; and
(viii) sexually explicit jokes or propositions.
2.10 The prohibition on
sexual harassment covers behaviour at the workplace
or at social functions arising out of work, during
travel or missions undertaken in connection with work
or during field work carried out with regard to projects
in which the ILO is involved.
2.11 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.
2.12 The expression
"facilitator" means a person appointed to facilitate
the resolution of grievances pursuant to this Agreement
and Article 23.1 of the Collective Agreement on a
Procedure for the Resolution of Grievances dated 13
September 2000.
2.13 The expression
"applicable line manager" means the protected person's
immediate supervisor or any of the superiors of that
supervisor.
2.14 The expression
"Senior Director" means the Director-General or the
relevant Executive Director, Regional Director or
other manager of equivalent organizational level reporting
directly to the Director-General.
2.15 The expression
"class action" means an action initiated by two or
more protected persons concerning the same or a very
similar issue. A decision on a class action shall
have binding effect in all similar cases.
Article
3
Prevention
3.1 A copy of this Agreement
and any related amendment to the Staff Regulations
and other relevant texts shall
be provided to each protected person. The Parties
shall ensure that all protected persons are aware
of the existence of this Agreement and shall undertake
the preparation of a guide for all protected persons
on the effect of this Agreement and the operation
of the harassment-related grievance procedure.
3.2 Prevention
of sexual harassment, mobbing/bullying and any
other forms of harassment will be the subject
of comprehensive, regular and ongoing training for
all protected persons.
3.3 The Office
shall provide education and training for managers
on prevention of harassment generally and the operation
of this Agreement in particular.
3.4 Briefing on
this Agreement shall be provided to all new protected
persons as part of the induction process organized
for such staff members and other protected persons.
3.5 The Office
will, within 30 days of the signature of this Agreement,
issue to all protected persons a policy statement
on harassment prevention and resolution, reflecting
the Guiding Principles laid down in Article 1 above.
The policy statement will also be issued to all protected
persons in the course of the induction, education
and training processes referred to in the preceding
paragraphs.
3.6 The Office
shall make available and maintain pages on the Office
Intranet dedicated to information on harassment prevention
and resolution and the operation of this Agreement.
3.7 The Office
shall make available and maintain more comprehensive
and detailed sources of information relating to harassment
prevention and resolution for the use of protected
persons seeking such information.
3.8 In order to
monitor and evaluate the implementation of this Agreement,
the Parties will carry out anonymous surveys and reviews,
in consultation with the Ombudsperson and other relevant
persons. Such surveys should assess the nature and
frequency of harassment occurring in connection with
work in the ILO. Information and data collected will
be made public by the Parties.
Article
4
General
Provisions
Disclosure of information/respect
for privacy and confidentiality
4.1 When a protected
person raises a harassment-related grievance and invokes
the means provided for its resolution under this Agreement
the claimant and the respondent shall have the right
to the disclosure of all material relevant to the
outcome of the process, having regard to the following
conditions:
- "all material relevant
to the outcome of the process" means all documents
or information held or generated by the Office
and by the individuals directly concerned in the
harassment-related grievance;
- where the Office,
the claimant or the respondent seeks to withhold
relevant documents or information from a party
to a harassment-related grievance, that party
shall immediately ask the Ombudsperson for an
opinion as to whether such documents or information
should be disclosed. The Ombudsperson will make
a recommendation to that party as a matter of
urgency but not later than 10 days from the date
of the request. That party will inform the other
parties, in writing of the Ombudsperson's recommendation
and his/her reasoned decision on the issue within
10 days of its receipt.
Informal resolution
of harassment-related grievances
4.2 The Office
shall not keep any record of the process of informal
resolution of harassment-related grievances.
Stays in
implementing decisions
4.3 The provisions
of Article 3.2 to 3.7 of the Collective Agreement
on a Procedure for the Resolution of Grievances dated
13 September 2000 concerning Stays in implementing
decisions shall operate in this Agreement in
favour of all protected persons.
Class action
4.4 The provisions
of Article 3.13 of the Collective Agreement on a Procedure
for the Resolution of Grievances dated 13 September
2000 concerning Class action shall operate
in this Agreement in favour of all protected persons.
Time limits
4.5 Where a time
limit governing the response to a harassment-related
grievance is not observed, the claimant has
the right to initiate the next stage of the procedure.
Article 5
Informal
Resolution of Harassment-related Incidents
5.1 Protected persons
who feel they have been, or are being harassed, are
encouraged, in the first instance, to attempt to resolve
the matter directly and informally with the individual
or group concerned. Information and advice may be
obtained from any of the following:
- the staff member's
applicable line manager;
- a facilitator;
- the Office of the
Ombudsperson;
- a representative
of the Staff Union; and/or
- an officer of the
Human Resources Development Department.
5.2 Any of the above-mentioned
persons, or another protected person, may accompany
the claimant to speak to the respondent and may, if
requested by the claimant, attempt to facilitate the
informal resolution process through conciliation and
mediation. Any attempts to settle the matter informally
should take place as soon as possible after the alleged
harassment.
5.3 If a protected
person considers that informal resolution is inappropriate,
unduly drawn out or unsuccessful, s/he may initiate
any of the options included in the Resolution by Dialogue
Process immediately.
Resolution
by dialogue process
Article
6
Initiation
6.1 Protected persons
who feel they have been or are being harassed may
seek to resolve their harassment-related grievances
at any of the following levels:
meeting between
the applicable line manager and protected person;
facilitation;
Ombudsperson process.
6.2 Any claimant
wishing to invoke the procedures specified in Article
6.1 shall do so within six months of the incident(s)
giving rise to a harassment-related grievance, or,
if the harassment-related grievance relates to an
ongoing matter, within six months of the last date
on which the matter affected him/her. Where a protected
person wishes to invoke the procedure after the expiry
of this time limit, s/he shall refer a request in
writing to the Ombudsperson, who shall have the power
to decide if the harassment-related grievance should
be heard notwithstanding the delay. Such decisions
of the Ombudsperson shall be final and without appeal.
Article
7
Role
of line managers
7.1
In an attempt to resolve a harassment-related grievance,
a claimant may request an informal and private meeting
with any applicable line manager. If requested,
the line manager should assist the claimant by providing
information and advice as to possible ways of resolving
the harassment-related grievance. Unless the claimant
expressly requests otherwise, the line manager shall
treat any such meeting and the fact that it has
been requested or has taken place as private and
confidential. No record shall be kept of it.
Article
8
Role
of the facilitators
8.1 In an attempt
to resolve a harassment-related grievance, a claimant
may request an informal and private meeting with a
facilitator. The facilitator should provide information
and advice as to possible ways of resolving the harassment-related
grievance. The facilitator should provide independent
guidance and support. Any such meeting shall be treated
as private and confidential. No record shall be kept
of it.
Article
9
Role
of the Ombudsperson
9.1 The Ombudsperson appointed
pursuant to Article 9 of the Collective Agreement
on a Procedure for the Resolution of Grievances dated
13 September 2000 will, in dealing
with harassment-related grievances under this Agreement,
have the following primary functions:
the investigation
of harassment-related grievances in order to establish
the facts in such cases;
the formulation
of proposals for the resolution of harassment-related
grievances;
the coordination
of the work of the facilitators; and
the review of specific
issues referred to in this Agreement.
9.2 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.
9.3 The Ombudsperson
shall provide, within the limits set out in Article
1.10, 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.
Article
10
Referral
to the Ombudsperson
10.1 A claimant shall
refer a harassment-related grievance to the Ombudsperson
either directly or if s/he is not satisfied with the
timeliness or the outcome of the process outlined
in Articles 5 to 8 above.
10.2 A claimant
may refer a harassment-related grievance to the Ombudsperson
by making a statement in writing within the time frame
specified in Article 6.2. The statement shall contain
the following details:
name of the claimant
and how s/he can be contacted;
nature of the harassment-related
grievance under consideration;
whether the claimant
requests a meeting with the Ombudsperson;
any other details
the claimant wishes to provide.
10.3 Once the Ombudsperson
has received the written statement required by Article
10.2, s/he must commence an investigation pursuant
to Article 9.
10.4 In conducting
his/her investigation, the Ombudsperson may seek further
statements from any persons s/he considers to be relevant
to the harassment-related grievance. The Ombudsperson
may also hold meetings or discussions with such persons
and may involve them in his/her investigation in any
other way s/he deems necessary.
10.5 The Ombudsperson
may, in the course of discharging his/her functions,
call for the production of all documents or information
as may be relevant.
10.6 For purposes
of this Article, non-compliance with an opinion of
the Ombudsperson under Article 4.1(b) above recommending
the disclosure of relevant documents or information
shall not be regarded as a refusal to cooperate.
Article
11
Ombudsperson
Process
11.1 The Ombudsperson
may arrange meetings with the claimant, respondent
or any other relevant persons by notice to these persons,
save that:
any joint meeting
with the claimant(s) and respondent(s) shall only
take place with their prior consent;
where a claimant
or a respondent requests a private meeting with
the Ombudsperson, this shall be granted.
11.2 The conduct of joint
meetings shall be at the discretion of the Ombudsperson,
subject to the principles of natural justice upon
which this Agreement is based.
11.3 The claimant(s)
and respondent(s) shall have the right to be represented.
They also have the right to be accompanied by a Union
representative or by a past or present ILO official
of their choice at meetings. Neither the claimant(s)
nor the respondent(s) shall have the right to legal
representation before the Ombudsperson.
11.4 Following
a meeting, further discussions or investigations may
be undertaken by the Ombudsperson in order to enable
him/her to fulfil his/her functions under Article 9.
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, s/he
shall provide a reasoned report explaining why resolution
was not possible.
12.3 Copies of
the Ombudsperson's report shall be distributed to:
- the claimant(s);
- the respondent(s);
- the applicable
line manager (if the claimant initially referred
the harassment-related grievance to that manager).
12.4 Copies of the Ombudsperson's
proposals for resolution shall be distributed to any
person called upon to take action to implement these
proposals.
12.5 The Ombudsperson
and those persons who receive a copy of his/her report
have a duty to safeguard its confidentiality.
Article
13
Time
Limits
13.1
The Ombudsperson shall have a time limit of 30 days
from the initial notification of the harassment-related
grievance to him/her, within which to endeavour
to effect resolution and provide reports to those
persons specified in paragraphs 12.3 and 12.4 above.
Before the expiry of the 30 days, the time may be
extended to a maximum of 60 days, but only if the
claimant(s) and respondent(s) agree. If they do
not agree, the Ombudsperson shall provide the claimant(s)
and respondent(s) with a reasoned report explaining
why resolution was not possible.
Article
14
Completion
of the Resolution by Dialogue Process
14.1
If the claimant is not satisfied with the Ombudsperson's
proposal for resolution of the harassment-related
grievance or the action proposed by the Ombudsperson
is not implemented, the claimant may refer the grievance
to the Joint Panel within 30 days of receipt of
the Ombudsperson's report.
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 claimant and
respondent taking into account the sensitive nature
of harassment-related grievances. It shall culminate
in action proposed by the Joint Panel.
15.2 The Joint
Panel established under the Collective Agreement on
a Procedure for the Resolution of Grievances dated
13 September 2000 is the Joint Panel for the purpose
of this Agreement.
Article
16
Referral
to the Joint Panel
16.1 The claimant may
refer the harassment-related grievance to the Joint
Panel by written notice within 30 days of the issuing
of the Ombudsperson's report.
16.2 The written
notice shall contain information under the following
headings:
name of the claimant
and how s/he can be contacted;
nature of the harassment-related
grievance under consideration;
any action proposed
by the line manager;
copy of the Ombudsperson's
report;
a description of
the claimant's preferred outcome;
names of witnesses
(if any) whom the claimant wishes to be heard
before the Joint Panel, and whether s/he requests
an oral hearing;
copies of any supporting
documentation or any other relevant information.
16.3 Once the
Joint Panel has been formally notified of the harassment-related
grievance in this way, it shall invite the respondent
and the Office to make in writing any statements they
may have. Any such statements shall be notified to
the Joint Panel within the time specified in the request
by the Joint Panel for such statements.
Article
17
The
Joint Panel process
17.1 Once the Joint Panel
has received the written statements, it shall arrange
a full examination of the harassment-related grievance
by written notice to both parties. The claimant and
the respondent shall each 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 The claimant,
respondent and a representative of the Office shall
all have the right to be present at an oral hearing.
17.3 For the purpose
of the examination, the claimant, the respondent and
the Office shall have the right to appoint a representative
as follows:
- the claimant and
the respondent shall have the right to be represented
and accompanied by a Union representative, a past
or present ILO official, or another representative
of their choice;
- the Office shall
have the right to be represented by a representative
of its choice.
17.4 The examination
shall be conducted according to the principles of
fair procedures and natural justice, in line with
the rules of procedure established by the Joint Panel
for harassment-related grievances. In the examination
of a harassment-related grievance, the Joint Panel
may invite the Ombudsperson to provide information
and advice.
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 the 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 participants. 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
participants, except when it decides by a unanimous
vote that the information shall not be communicated
and provides in writing a reasoned decision to the
participants. The participants 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. All of the participants shall have
the right to inspect and have copies of the record.
17.8 At any time
during the Joint Panel process, should the participants
decide to resolve the harassment-related grievance
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 16) shall
be suspended. If the claimant and the respondent jointly
notify the Chairperson in writing that they have 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 the participants 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 harassment-related grievance in
private. Its proposed action shall be communicated
to the Director-General, and shall contain only the
following information:
a summary of the
relevant facts of the harassment-related grievance
as found by the Joint Panel to exist;
a summary of the
proceedings before the Joint Panel;
a summary of the
arguments raised by each participant;
the reasoned proposal
of the Joint Panel as to merits and remedy, and
whether such proposal was unanimous.
20.2 The Joint
Panel shall have the power to propose any suitable
action and/or remedy, which could include disciplinary
or any other appropriate action, such as reinstatement,
compensation and/or costs.
20.3 (a) The
Joint Panel shall inform the participants 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 participants.
(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,
s/he 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 from
which the Joint Panel's proposal constitutes a decision,
in line with Article 20.3(c), within which to refer
a complaint about the decision on the harassment-related
grievance to the Tribunal.
Article 22
Removal
of Immunity from Jurisdiction and other Remedies
22.1
Notwithstanding the current arrangements for the
waiver of immunity from jurisdiction, the Parties
shall, within twelve months of signing this Agreement,
conclude negotiations on additional remedies to
be made available to claimants who have been found
to be subject to harassment (including harassment
by a non-staff member) under the procedures set
out in this Agreement. These negotiations shall
include the possible waiver of immunity in appropriate
cases.
Article
23
Intimidation
or Victimization
23.1
The Office shall ensure that protected persons who
feel that they have been harassed, who raise a harassment-related
grievance or who assist in any process under this
Agreement, for example by providing information
or by serving as witness, shall not be subjected
to intimidation, victimization, discrimination or
retaliation. Any such act shall be dealt with as
a disciplinary matter.
Article
24
Transitional
measures
24.1 The Parties recognise
that in the implementation process, some 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.
24.2 (a) The words
"six months" in Article 2.1(i) above shall be replaced
with the words "twelve months" for a transitional
period of one year from the date of signature of this
Agreement.
(b) Harassment-related
grievances raised in accordance with this transitional
provision shall be resolved under the procedures established
in this Agreement.
Article
25
Miscellaneous
25.1 This Agreement
shall be become effective on the date of signature
and shall be valid for two years from the date on
which the Agreement on the resolution of grievances
becomes 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.
25.2 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.
25.3 The
Office shall submit to the November 2001 session of
the Governing Body any amendments to the Staff Regulations
and other relevant texts necessary to give effect
to this Agreement, in a manner which also preserves
other substantive entitlements of staff members within
the meaning 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."
25.4 A copy of
this Agreement and the related amendments to the Staff
Regulations and other relevant texts shall be provided
to each existing and future protected person. The
Parties shall ensure that all protected persons are
aware of the existence of this Agreement and shall
undertake the preparation of an instruction manual
for all protected persons on the effect of this Agreement
and the operation and effect of this procedure.
SIGNED in Geneva,
this twenty-sixth day of February 2001, in two copies,
in the English language, by the representatives of the
Parties duly authorized to that effect.
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Alan
Wild
Director Chairperson
Human Resources Development
International Labour Office
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David
Dror
Chairperson
Department Staff Union
International Labour Office
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