The Organization is committed to ensuring a fair and respectful work environment. Conduct issues and administrative disputes brought to the attention of the Organization are addressed in a timely manner using, whenever possible, informal resolution mechanisms such as mediation. In cases where informal resolution is not achievable or appropriate, the Organization or the member of the personnel concerned may decide to initiate formal proceedings under the Organization’s settlement of disputes procedure or conduct-related frameworks, as applicable [1]. This report provides an overview of the cases handled in accordance with Chapter VI of the Staff Rules and Regulations in 2024.

Introduction

The Annual Report on the cases handled in accordance with Chapter VI (“Settlement of Disputes and Discipline”) of the Staff Rules and Regulations serves to report on:

• requests for a review of a decision;
• internal appeals;
• cases in which disciplinary action has been taken; and
• complaints filed with the Administrative Tribunal of the International Labour Organization (ILOAT).

Requests for a review and internal appeals

Under Article S VI 1.01 of the Staff Rules, members of the personnel may challenge an administrative decision by the Director-General where it adversely affects the conditions of employment or association that derive from their contract or from the Staff Rules and Regulations.

If the conditions laid down in the Staff Rules and Regulations are met, a decision may be challenged internally within the Organization:

• through a review procedure; or
• through an internal appeal procedure. In this case, the Joint Advisory Appeals Board (JAAB) [2] must be consulted by the Director-General before any final decision on the merits of the appeal is taken.

Disciplinary action

Under Article S VI 2.01 of the Staff Rules, the Director-General may take disciplinary action against members of the personnel who, whether intentionally or through carelessness, are guilty of a breach of the Rules and Regulations or of misconduct that is to the detriment of the Organization.

Article S VI 2.02 of the Staff Rules stipulates that, depending on the gravity of the breach or misconduct in question, the disciplinary action shall be:

• a warning;
• a reprimand;
• suspension without remuneration or pay for a period not exceeding six months;
• downward adjustment of the staff member’s salary;
• demotion;
• dismissal.

The Director-General must consult the Joint Advisory Disciplinary Board (JADB [3]) prior to taking any disciplinary action other than a warning or a reprimand (Article S VI 2.04 of the Staff Rules).  In cases of particularly serious misconduct, the Director-General may decide to dismiss a member of the personnel without notice and without consulting the JADB (Article S VI 2.05 of the Staff Rules). 

Complaints filed with the Administrative Tribunal of the International Labour Organization (ILOAT)

A decision may be challenged externally through the filing of a complaint with the ILOAT:

• when internal procedures have been exhausted and the decision is final;
• when an internal challenge is not permitted under the Staff Rules and Regulations; or
• when the complainant is authorised by the Director-General to proceed directly to the Tribunal.

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A - Requests for a review

During the period from 1 January to 31 December 2024, three requests for a review of administrative decisions were submitted:

     i. In February 2024, a staff member requested the review of the decision not to be granted the international indemnity upon taking up appointment. The Director for Finance and Human Resources decided to award the indemnity on the basis of new documentation provided by the staff member during the review procedure.

     ii. In July 2024, a staff member requested the review with mediation of the decision not to be promoted to grade 8. The Director for Finance and Human Resources decided to maintain the initial decision.

     iii. In December 2024, a staff member requested the review with mediation of the decision to discontinue the payment of the child allowance and the health insurance cover of their child, on the basis that the latter was no longer considered as dependent. The Director for Finance and Human Resources decided to maintain the initial decision.

B - Internal appeals (Joint Advisory Appeals Board (JAAB))

During the period from 1 January to 31 December 2024, one internal appeal was lodged:

     i. In January 2024, a fellow introduced an internal appeal against the decision not to be awarded spouse travel expenses from the US to Geneva upon taking up appointment. The appeal was withdrawn following an amicable resolution.

C - Warnings and reprimands

In 2024, the Organization issued two warnings:

     i. In March 2024, a warning was issued to a staff member who, during an access control check on entering the site, behaved in an inappropriate, aggressive and disrespectful manner towards security officers and refused to undergo the security checks.

     ii. In December 2024, a warning was issued to an associated member of the personnel who had encouraged a student to misuse the student’s subsistence allowance and CERN pre-paid credit card.

In 2024, the Organization issued two reprimands:

     i. In March 2024, a reprimand was issued to an associated member of the personnel who had breached the site security rules to gain access to a sensitive area reserved for authorised personnel only.

     ii. In December 2024, a reprimand was issued to an associated member of the personnel who had coerced a student to misuse the student’s subsistence allowance and CERN pre-paid credit card to purchase goods for their research institute.

D - The Joint Advisory Disciplinary Board (JADB)

In November 2024, the JADB was convened further to the outcome of a fraud investigation relating to the misuse of CERN’s facilities and the generation of financial gain by an associated member of the personnel in the context of CERN guided tours. The final decision is expected in the first quarter of 2025.

E - Particularly serious misconduct

In November 2024, a staff member’s contract was terminated for having authored and sent defamatory and harmful emails to a large number of recipients associated with CERN and its Member States.

F - Complaints to the Administrative Tribunal of the International Labour Organization (ILOAT)

During the period from 1 January to 31 December 2024:

Complaints filed: 

None.

Judgements issued:

The ILOAT issued seven judgements relating to nine cases involving the Organization that had been filed between 2020 and 2022:

     i. In April 2020, a former staff member filed a complaint with the ILOAT against the Director-General’s decision not to grant them an indefinite contract (IC). The Tribunal dismissed the complaint by Judgement 4903 of 8 July 2024. 

     ii. In January 2021 and January 2022, a staff member filed complaints with the ILOAT against the Director-General’s decisions to reject their internal appeals concerning allegations of harassment. The Tribunal, by Judgement 4900, which covered both complaints, identified flaws in the Organization’s procedure for investigating the allegations of harassment and awarded moral damages and legal costs but decided not to remand the case to the Organization for a new investigation.

     iii. In February 2021, a staff member filed a complaint with the ILOAT against the Director-General’s decision to maintain their “fair” performance qualification. The Tribunal dismissed the complaint by Judgement 4901 of 8 July 2024.

     iv. In March 2021, a staff member filed a complaint against the Director-General’s decision to retain them in their benchmark job following a career review. The Tribunal dismissed the complaint by Judgement 4740 of 31 January 2024.

     v. In July 2021, a staff member filed a complaint with the ILOAT against the Director-General’s decision to maintain their “fair” performance qualification. The Tribunal dismissed the complaint by Judgement 4902 of 8 July 2024.

     vi. In July 2021, a former staff member filed a complaint with the ILOAT against the Director-General’s decision to refuse the recognition of total disability resulting in an incapacity to work. The Tribunal dismissed the complaint by Judgement 4904 of 8 July 2024.

     vii. In November 2021 and March 2023, a former staff member filed complaints with the ILOAT against (i) the amount received from the insurer following an occupational accident and (ii) the decision to calculate their indemnity for physical deterioration following an occupational accident at the rate of 15%. In Judgement 4905, which covered both complaints, the Tribunal ruled that the Organization’s rules concerning the calculation of the indemnity for the deterioration of physical health had not been appropriately followed, awarded legal costs and remanded the case to CERN for re-examination.

Complaints withdrawn:

     viii. In July 2023, CERN received from the ILOAT a complaint by a staff member against the Director-General’s decision to follow the recommendation of the Joint Advisory Rehabilitation and Disability Board (JARDB) not to recognise a disability.
In September 2023, the Tribunal suspended the matter at the request of the complainant, in order to pursue internal discussions with the Organization with a view to an amicable solution. A new procedure referred to the JARDB was completed in 2024 with the JARDB recommending the recognition of total disability. This recommendation was followed by the Director-General and communicated to the complainant in July 2024. In January 2025, the complainant and the Organization filed a joint request with the Tribunal for the complaint to be withdrawn, which the President of the Tribunal acknowledged and accepted. 

Ongoing complaints [4]:

     ix. In July and August 2020, four associated members of the personnel filed individual complaints with the ILOAT against the decision to replace the 2019 annual internal tax certificate by an individual annual statement. The Tribunal’s ruling on these four cases is expected in 2025. Since the complainants challenge a decision of general application, the outcome would be applied to others in like circumstances if their complaints were upheld. [5]

     x. In June 2022, two associated members of the personnel filed individual complaints with the ILOAT against the Director-General’s decision to maintain the individual annual statements issued to them during the 2021 tax year. The Tribunal’s ruling is expected in 2025.

     xi. In July 2022, two staff members jointly filed a complaint with the ILOAT against the Director-General’s decision to reject their internal appeals against their individual pay slips, in the context of the 2021 five-yearly review. The Tribunal’s ruling is expected in 2026.

     xii. In September 2022, two staff members individually filed complaints with the ILOAT against the Director-General’s decision to declare their internal appeals receivable only to the extent that they challenged their performance qualification for 2021 (strong), in the context of the 2022 MERIT Guidelines. The Tribunal’s ruling is expected in 2026.

     xiii. In September 2022, a CHIS member filed a complaint with the ILOAT against the Director-General’s decision to reject the granting of an ex-gratia payment as per the CHIS rules. The Tribunal’s ruling is expected in 2025.

     xiv. In August 2023, two staff members each filed a complaint with the ILOAT against the Director-General’s decision to dismiss their internal appeals against the individual administrative decisions concerning their performance qualifications for 2021 (strong) and the resulting performance rewards, in the context of the 2022 MERIT Guidelines. The Tribunal’s ruling is expected in 2026.

G - Decisions taken outside the framework of Chapter VI

Dismissals notified during the probation period:

In 2024, the contracts of nine employed members of the personnel were terminated following the probation period (as per Article S II 5.01 g) of the Staff Rules).