1October 2012

CSAIO 13, The Hague

The dispute settlement system (pre-litigation and litigation) at EIB

Ms. Dalila BundyDr. Patrick Vanhoudt

Staff Representatives

PROCEDURES IN PLACE

Situations of conflict on the work floorInformal 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 JusticeAny dispute regarding breach of employment contract

Formal demands for annulment of decisions affecting Staff negatively

2October 2012

Origin: Decision affecting staff negatively

3October 2012

Origin: Breach of Staff Rules – Code of Conduct: Disciplinary procedure

4October 2012

Origin: breach against Dignity at work (1)

1. Meetings with HR

2. Staff member takes initiative to launch the procedure

3. Panel

4. Recommendations to the President (non-binding)

5October 2012

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 issuesUse of sensitive data (e.g. medical) in annual appraisal

6October 2012

Conclusions

Formally, a variety of ways to settle disputes in placeRanging 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

7October 2012

IMPORTANCE OF ADEQUATE LEGAL INSURANCE FOR STAFF