Second session of The Hague Round Table – 24 September 2018

Mancini Room, T.M.C. Asser Institute, The Hague

9.30 am – 12.30 pm

This Round Table is bringing together staff representatives from various international organizations in the Hague to facilitate an informed discussion on the legal as well as practical issues concerning employment in international organizations. It shall provide an opportunity for the sharing of best practices and lessons learned by staff representatives on matters ranging from negotiations with the administration on policy issues to the handling of employment disputes on behalf of staff members. It shall also provide the tools and ideas for addressing recurrent problems faced by staff representatives. 

During the Round Table’s second session, Mr. Edward Patrick Flaherty (Schwab, Flaherty & Associes, Geneva) and Ms. Renuka Dhinakaran (Dhinakaran International Law Consultancy, The Hague) will address the following topics, predominantly based on a question and answer format. 

Restructuring Exercise in an international organization

1. Right of an organization to restructure
2. General principles/norms for restructuring
3. Abolition of Posts
4. Termination of appointments (of incumbents in posts abolished)
5. Cause of action and locus standi, extent of review by the Tribunals 

Program: 

09.30 – 09.45 Reception and Registration
09.45 – 11.00 Introductory Remarks and Session 1 
11.00 – 11.15 Coffee Break 
11.15 – 12.30 Session 2 and Concluding Remarks 

Note on the Speakers

Mr. Edward Patrick Flaherty 

Edward Patrick Flaherty is an American lawyer and senior partner in the Swiss law firm of Schwab, Flaherty, & Associés in Geneva. He focuses his law practice on representing whistleblowers, staff members and third parties working for or injured by international organisations. He has litigated over 100 cases before the ILOAT and UNDT/UNAT. He is presently representing several IO staff members in test cases before the European Court of Human Rights, and in US Federal Courts. He is also cofounder of IO Watch, and the Centre for Accountability of International Organisations. He is admitted to practice before the US Supreme Court, and the Supreme Judicial Court of Massachusetts. 

Ms. Renuka Dhinakaran

Renuka Dhinakaran, founder of the Hague Round Table for international civil servants, is an Attorney at Dhinakaran International Law Consultancy. Her practice specializes in representing staff members and staff associations of international organizations in their employment disputes, especially in litigation before the ILOAT. She is Counsel to the Staff Union of European Patent Office (The Hague), FICSA advisor and an ad hoc consultant to the CAVV (Dutch Ministry of Foreign Affairs). She provides trainings and seminars for staff representatives of international organizations. She is also the co-author of the IAL Center of Excellence Legitimacy Index on the internal justice systems of international organizations.

The Hague Round Table for international civil servants 

The Hague is home to several international organizations (UN and EU orientated, as well as intergovernmental). A considerable percentage of the expat population in the Hague is made up of staff members employed in these international organisations, viz., international civil servants. These international civil servants do not have access to the Dutch (or any national) Courts, owing to the immunity granted to their employing international organisations under the host state agreements. Most of them, however, have recourse to  internal appeals bodies of their respective organizations and/or the ILO or UN administrative tribunals. 

The law applicable to an international organization’s employment relationship with its staff members is not always straight forward. While it is now generally accepted that the internal law of an international organisation governs its employment relationship with its staff members, there is no clear consensus on what constitutes such internal law and whether there is a legal regime external to this/common to all international organizations. 

This lack of clarity about and accessibility of the applicable law and/or available legal remedies gives rise to problems or issues which are peculiar to international civil servants.  Staff representatives, either by way of a statutory body or a staff union, play a major role in making these laws (and their interpretations in practice) clear and accessible to the staff members of these organizations. The actions and knowledge of a staff representative body in such employment law related matters are restricted within a particular organization. There is very limited exchange of opinions, precedents and best practices between the staff unions of various international organisations  in the Hague. 

The Hague Round Table for international civil servants, launched by Dhinakaran International Law Consultancy,i aims  to act as a forum to bring together staff representatives from international organisations in the Hague and facilitate regular exchange of information on international administrative law issues as well as freedom of association matters. The Hague Round Table aims to create and update a list of recurrent employment or administrative law issues faced by international civil servants and their staff representatives in the Hague, with one or two issues being discussed at every session. The forum will then define the common general principles applicable to all international organisations and create a checklist of things which a staff member or staff council should be guided by when a problem relevant to this area comes up in the future. 

The Hague Round Table will provide an opportunity to discuss ongoing problems with administrations, to the extent permitted by the applicable rules regarding confidentiality, so as to provide a chance for exchange of best practices and lessons learned. It will also be a forum to discuss immunity related matters and the situations in which Dutch courts can be approached in certain matters where there is no reasonable alternative legal remedy. The forum will serve to provide updates about the ILO and UN administrative tribunals.

Some examples of recurring issues faced by staff associations are: negotiations concerning recognition agreements for staff unions, costs for supporting litigation involving common interests and rights and legal insurance for members. For issues of an individual or policy nature (such as harassment, reclassification, etc.), participating staff associations and unions are encouraged to present a short list of the top three problems that they face repeatedly in their organisation in the past few years. 

Dhinakaran International Law Consultancy offers legal advice on employment matters for staff members of international organisations and representation in disputes before internal appeals bodies as well as administrative tribunals. It also specializes in providing legal support during internal investigations and disciplinary proceedings. Bespoke service is offered to staff associations/unions, including the provision of legal advice on policy considerations, handling of mass appeals for various categories of staff members on matters of common interest and conducting seminars for members. 

www.internationallawconsultant.com

July 2016