As detailed in previous issues of the ECHO, a new internal justice system officially entered into force this summer, with the aim, among other things, of making it more professional. In internal appeal and disciplinary procedures, the panel handling the case will now be composed of three members: a professional lawyer from outside the Organization acting as chair, and two colleagues from CERN. In these same procedures, the Organization has been represented for many years by lawyers from the HR Department. A level playing field is therefore only possible if the member of the personnel concerned is also assisted by a professional lawyer. This is why the Staff Association (SA) fought for the right of the person concerned to be accompanied by a professional lawyer at hearings, a right it secured for both internal appeal and disciplinary procedures.

Under the CERN Staff Rules and Regulations, the SA’s includes defending and representing the personnel, both individually and collectively. It therefore has a duty to offer support. To ensure equality of arms, we can offer the assistance¹:

• to all members of the personnel who join by 1 January 2027, and who remain members of the SA without interruption;
• to all members of the personnel who join the SA within 4 months of the start of their contract (employment or association), and who then remain members of the SA without interruption;
• to all other members of the personnel who join after 1 January 2027, subject to a four-year waiting period from the date they join the SA;
• to all former members of the personnel who met one of the above conditions until the end of their contract, provided they left CERN less than 18 months ago and have not signed a new contract with CERN.

The legal assistance offered by the SA is provided by professional lawyers and legal experts chosen and mandated by the SA, as part of a signed agreement between the member of personnel and the SA. It covers all written submissions required by the procedure, as well as accompanying the SA member at the hearing. It will continue if the case has to go all the way to the Administrative Tribunal of the International Labour Organization (ILOAT). This assistance is, however, subject to a prior review.

Of course, anyone is free to be accompanied by a person of their choice, including a professional lawyer at their own expense, if they do not wish to be represented by the SA.

Plan ahead!

Join the SA before the end-of-year holidays by filling the online membership form.