Internal justice: how does it work?
In the articles in ECHO No. 480 and No. 481, we explored the internal justice reform launched in 2020, focusing on the process itself. In this article, we look at the final outcome: how it works in practice.
Disagreement with an administrative decision
If you disagree with an administrative decision, you may submit a request for review within 60 calendar days of the decision (90 calendar days for former members of the personnel), by referring the matter in writing to the Head of the Human Resources Department, who must reply within 60 calendar days. If no reply is received, or if the reply is unsatisfactory, you may then lodge an internal appeal via the Internal Justice Secretariat within 60 calendar days.
Victim of or witness to misconduct
Anyone who becomes aware of alleged misconduct1, for example harassment or fraud, must report it. We recommend informing the Head of Audit and Investigation Services directly, but you may also inform your supervisor or the Head of the Human Resources Department. If you are a supervisor who has been informed in this way, you are under an obligation to refer the matter directly to the Head of Audit and Investigation Services.
Taking part in an investigation
All reports of potential misconduct are handled by the new Internal Investigations Service and, if confirmed by the preliminary assessment, give rise to an investigation. Whether you are a victim or the subject of an investigation, please note that you may be accompanied throughout this ordeal by a colleague or former colleague, including, and especially, during any interview.
Proceedings before the JAAB or the JADB
If you have lodged an internal appeal following an unsuccessful request for review, or if you are the subject of disciplinary proceedings, usually following an investigation concerning you, you will be required to take part in proceedings before a panel of the Joint Advisory Appeals Board (JAAB) or the Joint Advisory Disciplinary Board (JADB). These are complex legal proceedings, chaired by an external expert and supported by the Internal Justice Secretariat. Please note that you may be assisted in such proceedings by a person of your choice, including a professional lawyer.
Support from the Staff Association
One of the roles of the Staff Association is to stand by you and advise you before or during such proceedings, if you so wish and in full confidentiality. This can include guiding you through the maze of procedures2 and helping you understand them, advising you on whether or not it is advisable to submit a request for review or lodge an appeal, accompanying you to interviews or assisting you at hearings, and even providing legal assistance, including through a professional lawyer. We will cover all of this in more detail in a future ECHO article, in particular the conditions attached to certain forms of support.
1 The aim here is not to create a climate of denunciation, but to ensure that serious misconduct is properly dealt with. Everyday disagreements and other minor issues can, and should, be resolved informally.
2 As set out in Chapter VI of the Staff Rules and Regulations, Operational Circular No. 12, Administrative Circular No. 34 and the Organization's various practices.