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CSAIO 13, The Hague The dispute settlement system (pre-litigation and litigation) at EIB

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

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CSAIO 13, The Hague The dispute settlement system (pre-litigation and litigation) at EIB

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  1. CSAIO 13, The HagueThe dispute settlement system (pre-litigation and litigation) at EIB Ms. Dalila Bundy Dr. Patrick VanhoudtStaff Representatives October 2012

  2. PROCEDURES IN PLACE • Situations of conflict on the work floor • Informal 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 Justice • Any dispute regarding breach of employment contract • Formal demands for annulment of decisions affecting Staff negatively October 2012

  3. Origin: Decision affecting staff negatively October 2012

  4. Origin: Breach of Staff Rules – Code of Conduct: Disciplinary procedure October 2012

  5. Origin: breach against Dignity at work (1) • Meetings with HR • Staff member takes initiative to launch the procedure • Panel • Recommendations to the President (non-binding) October 2012

  6. 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 issues • Use of sensitive data (e.g. medical) in annual appraisal October 2012

  7. Conclusions • Formally, a variety of ways to settle disputes in place • Ranging 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 IMPORTANCE OF ADEQUATE LEGAL INSURANCE FOR STAFF October 2012

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