Category

Employment Disputes

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Legal Expenses Insurance – Game Changer for International Civil Servants

By | Administrative Law, Civil Servants, Employment Disputes, IAL, International Administrative Law, News, Uncategorized | No Comments

Earlier this year, lawyers from BWL were approached by a Manager at a large International Organisation based in London who had been, in his view, a victim of retaliation. As as a result, he was not promoted and his employer organisation failed to award him the pay rise he deserved.

He notified his household insurers who confirmed that his policy included legal expenses insurance for grievances arising out of employment disputes with his employer. Initially, his insurance company wanted to appoint an English employment lawyer to represent him throughout the international organisation’s internal justice system. Lawyers from BWL explained that the applicable law (i.e., international administrative law or ‘IAL’) was specific to international organisations and the insurance company eventually agreed to instruct experts in IAL to represent the employee in question. Once the formalities had been completed, the employee’s lawyers were able to represent him before the organisation and invoice the insurance company directly. A settlement was eventually reached, and at no stage did the employee have to pay for his legal representation.

This success story is a small step in balancing out the inequality of arms that exists all to often between international organisations and their employees. International Civil Servants are advised to examine the terms and conditions of their household insurance to check if it covers legal expenses for their employment disputes. They should also be aware that being insured does not mean that they have to accept any lawyer provided by the insurers, who will often not have the expertise required to represent them effectively.

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Bretton Woods Law sends international trial observer to Istanbul

By | Corruption, Employment Disputes, IAL, International Administrative Law, London, Multilateral, News | No Comments

On 19th December 2013, Alex Haines of Bretton Woods Law attended, in his capacity as an independent international observer, the 7th hearing in the long-running criminal trial of the legal representatives of Adbullah Öcalan, the leader of the Kurdistan Workers’ Party (PKK).  A delegation of leading barristers and solicitors from the UK attended the trial, which is taking place in the Silivri prison complex outside Istanbul, the largest courthouse in the world.  Another dozen international trial monitors from across Europe also attended as part of French and German delegations.

The Turkish authorities have established a special penal court to try 46 lawyers who were arrested in police raids throughout Turkey as part of the KCK anti-terror operations in November 2011.  There have been, to date, seven hearings in the proceedings.  Alex Haines’ mandate as a trial observer was to, inter alia, make the participants – particularly the judges – aware that they were under scrutiny, and to impartially record his views on the conduct and standard of the trial from a human rights perspective to ensure it complied with rule of law principles.

International Administrative Law

Bretton Woods Law opens new office in Manila

By | Administrative Law, Civil Servants, Employment Disputes, IAL, International Administrative Law, News | No Comments

Bretton Woods Law is pleased to announce they now have an office in the Philippines capital – Manila.

Due to the ever-growing number of international civil servants based in the Philippines that are instructing Bretton Woods Law lawyers to help them with their employment disputes with the international organisations for which they work, it has become clear that in order to offer them the high level of service available to all of our clients, Bretton Woods Law should have a representational office in Manila.

 

Manila is a natural choice for Bretton Woods Law due to the large number of international organisations that are based there, including:

If you are an International Civil Servant based in Manila and would like to discuss an employment dispute you might have, why not contact Bretton Woods Law at

L29 Joy Nostalg Centre
17 ADB Avenue
Ortigas Center
Pasig City
Manila, 1600

Email: enquiries@brettonwoodslaw.com
Telephone:
+63 2 7988171 (effective as of 17 April 2013)
Skype:
brettonwoodslaw

Bretton Woods Law lawyers are experts in International Administrative Law which is the employment law of the international organisations.

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Second Geneva International Administrative Law Seminar Focuses on the Fear of Retaliation

By | Centre of Excellence, Civil Servants, Employment Disputes, International Administrative Law, News | No Comments

Bretton Woods Law’s second International Administrative Law seminar took place at the Inter-Continental Hotel in Geneva on Wednesday 27th April and, as ever, one topic on a full agenda really resonated with the attendees – the fear of retaliation.

It is apparent from seminar attendees that many international civil servants are reticent to file a case against their employers, as they are scared that their international organisation will engage in reprisal and retribution.

Bretton Woods Law stated that the best way to combat retaliation was to construct an anti-retaliation policy that contains a reverse burden of proof, which means that if an international civil servant files a case within the internal justice system operated by his or her employer and is then allegedly retaliated against, it is up to the international organisation, as the employer, to prove on a balance of probabilities that it has not engaged in such a practice.

Bretton Woods Law has the expertise and experience to draft such anti-retaliation policies, as well as all other related policies, such as whistleblower protection mechanisms, and have done so for a number of international organisations.  To discuss your own particular anti-retaliation requirements or any other international administrative law matter, contact your nearest Bretton Woods Law office.

For a detailed list of all the topics discussed at the second Geneva International Administrative Law seminar, please click here.

If you have been the victim of retaliation by an international organisation or any other form of unfair treatment, why not apply to join the International Administrative Law Centre of Excellence, a ‘think-tank’ designed to assist in the global development and improvement of International Administrative Law. The Centre of Excellence provides amongst other things,  a neutral forum for discussion and debate for those individuals interested in developing International Administrative Law.

International Administrative Law

Bretton Woods Law International Administrative Law seminar at PAHO draws top international civil servants from the Americas

By | Administrative Law, Centre of Excellence, Civil Servants, Employment Disputes, International Administrative Law, News | No Comments

On 28th February, Bretton Woods Law held a seminar at the behest of PAHO (Pan-American Health Organisation) on International Administrative Law – the employment law of international civil servants. The seminar drew 50 attendees from around the Americas, including senior Staff Association members as well as doctors and other medical professionals.

The topics in the agenda were wide and varied and included: clarity of the law, confidentiality of proceedings and the role of lawyers for the organisation. However the point that seemed to cause the most debate was Staff Associations – their independence, the need for dues, industrial action & retaliation.

Some of those present expressed their fear of approaching Staff Associations to discuss their concerns and joining class actions for fear of retaliation and reprisal. There was also an in-depth discussion on the fact that even if employees win their case, they will not automatically be awarded their legal fees – which along with the fear of retaliation creates a strong barrier to some international civil servants taking their grievances to a tribunal.

It was of course agreed that the present situation is unfair and untenable, and change needed to happen, particularly a confidential forum where international civil servants could share their views and experiences without fear of reprisal and retaliation.

In view of these concerns, Bretton Woods Law was delighted to have the opportunity of inviting all attendees to apply for membership to the International Administrative Law Centre of Excellence , a forum whose primary aim is to assist in the global development and improvement of International Administrative Law.

The Centre of Excellence has also been designed to create just what these international civil servants need  – a confidential arena in which they can, without fear, freely express their concerns and views. It is hoped that from these shared experiences, new and thought provoking ideas and concepts will emerge, which, together with promoting international best practices, will enhance and significantly improve the employment law of international organisations worldwide.

 

If you are an International Civil Servant, who wants to help change your employment law, apply today for membership to the International Administrative Law Centre of Excellence.

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Bretton Woods Law welcomes their new International Organisations Law specialist

By | Administrative Law, Bribery, Employment Disputes, International Administrative Law, News | No Comments

Antje Kunst, who has recently joined Bretton Woods Law, is the perfect fit for this team of International Organisations Law experts, as she bring with her many years of experience working for the United Nations.

Antje, who has worked at the United Nations for 11 years, 5 and a half years of which were spent  at the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), has an impressive background in matters that relate exactly to Bretton Woods Law’s areas of expertise. These include employment issues relating to international civil servants, anti-corruption cases, and drafting procedures and internal policies for international organisations.

Antje comments: “I was looking to expand my horizons outside of Germany where I have been based for the last three years and wanted to have  experience again with  an internationally focussed law firm  preferably working on issues related to international organisations and so one day I googled: ‘law firms that specialise in International Organisations Law’ and Bretton Woods Law came out top. I looked at their website and liked their integrated approach.”

As an active member of Transparency International in Germany Antje was also keen to continue to draw on her anti-corruption experience. In the past she worked for the founder of Transparency International on an initiative aimed at supporting governments of natural resource-rich countries with national resources contracts,  helping  to overcome corrupt activities in the sector, and ultimately  benefiting the companies who are concluding these contracts with the governments. So it came as an added bonus that Bretton Woods Law advises companies working on projects funded by multilateral development banks, which have been accused of fraud and sanctionable practices.

Antje might have left the United Nations behind her, but it seems her new position with Bretton Woods Law will keep her right at the heart of international organisations for the foreseeable future.

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2nd Geneva seminar on International Administrative Law

By | Administrative Law, Civil Servants, Employment Disputes, IAL Seminars, International Administrative Law, News | No Comments

Following the success last month of our first Geneva International Administrative Law (IAL) seminar, we have decided, due to popular demand, to hold a second seminar on Wednesday 27th March 2013 and we would like to offer you a complimentary invitation.

Attendees will again benefit from free expert advice from legal specialists, as well as being able to share their own views and opinions with their peers on the following topics:

  1. Effectiveness of internal justice system
  2. Clarity of the law
  3. Confidentiality of proceedings
  4. Staff associations (independence, the need for dues, industrial action & retaliation)
  5. Executive heads reviewing the lawfulness of their own decisions
  6. The role of lawyers for the organisation
  7. Mandatory mediation
  8. The ethics functionCase studies of common staff grievances and how to successfully litigate
  9. Improving IAL (codification of IAL principles, uniform internal justice mechanism, legal expenses insurance for all international civil servants, one Global AT etc)

Join us on 27th March at the Hotel Intercontinental 7-9 Chemin Du Petit-Saconnex Geneva, 1211.

  • Registration: 9.00am
  • Lunch: 1pm
  • Seminar closes: 3.30

Register here

International Administrative Law

Bretton Woods Law Seminar on International Administrative Law in Geneva

By | Administrative Law, Employment Disputes, International, International Administrative Law, News | No Comments
[icon_button type=arrowdown url=http://www.brettonwoodslaw.com/brettonwood_site/wp-content/uploads/2013/02/Geneva_IAL_CoE_slides.pdf]Download presentation[/icon_button]

Bretton Woods Law hosted a seminar on International Administrative Law at the Intercontinental Hotel in Geneva on Wednesday 6th February 2013. Lee Marler, Neil Macaulay and Alex Haines held an open forum with senior Staff Association members from a number of International Organisations including the WTO, UNHCR, CERN and the WMO, where the law’s shortfalls and possible improvements were discussed.

Topics included:
• Equality of arms
• Clarity of the law
• Confidentiality of proceedings
• Capping of Awards
• Staff Associations – independence and industrial action
• Executive Heads – reviewing the lawfulness of their own decisions
• The roles and actions of lawyers for the organisation
• Ignoring the organisation’s internal law

We hope that those who attended enjoyed the lively and informative discussion, and we look forward to hosting more seminars to help shape the much needed improvements and additions to this area of law.

If you were unable to attend the IAL Geneva seminar in person, but have a need for legal advice concerning an employment issue within an international organisation, please click here to contact your nearest office and for complimentary membership for the International Administrative Law Centre of Excellence

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Bretton Woods Law launches IAL Centre of Excellence

By | Administrative Law, Centre of Excellence, Civil Servants, Employment Disputes, IAL, International Administrative Law, News | No Comments

Bretton Woods Law is proud to announce the launch of the International Administrative Law Centre of Excellence, an exclusive members-only group whose main focus is to to assist in the global development and improvement of International Administrative Law. Click here for further details and to apply for your complimentary membership today

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Time waits for no one – especially not International Civil Servants

By | Administrative Law, Civil Servants, Employment Disputes, News | No Comments

More often than not, when International Civil Servants come knocking on our door, seeking employment advice, we are alarmed by their lack of knowledge regarding their employment status and rights. The fact that they are often unaware that they are subject to International Administrative Law, the law that operates between International Civil Servants and their employer, and not domestic employment laws, is just one such example.

Why there is such a dearth of understanding is debatable, but we felt it might be useful to compile a brief list of basic ‘do’s and do not’s’, for when/if International Civil Servants find themselves in difficulties with their employer. This is by no means an exhaustive list, and we would encourage anyone facing HR issues to contact legal specialists, such as members of Bretton Woods Law as quickly as possible – because as the title suggests in these situations time is of the essence

The Do’s

  1. Do make yourself aware and be confident of your rights and, indeed, your obligations under the internal law of the organisation that you work for (e.g., read the Staff Regulations, Staff Handbook, and the rules and procedures associated with your organisation’s internal justice mechanism).
  2. Do act quickly if you have a complaint, for you may only have a short period of time in which to file.
  3. Do ensure that your dealings with HR are in writing, if possible.  It is important to create an audit trail.
  4. Do take notes at any meeting that you have with HR representatives.  At the conclusion of the meeting, write your notes up and sign and date them.  It is important that your written note is as contemporaneous as possible with the meeting.  If feasible, do get others who attended the meeting to agree your written notes by signing them.
  5. Do take advantage of the services of the Ombudsperson, if available.  They can give you informal advice and might be able to intercede on your behalf.
  6. Do speak and discuss matters with your Staff Council/Association/Union representatives.  Listen to what they have to say, as they generally have a wealth of experience.
  7. Do speak out and loudly if you are subject to any form of retaliation for asserting your rights against your employer.
  8. Do instruct a lawyer who understands international administrative law at the earliest opportunity.

The Do Not’s

  1. Do not place too much trust  in HR, for they are a tool of management.
  2. Do not meet with HR representatives on your own, unless this is unavoidable.  It is always good to have a witness of your own (e.g., a Staff Council/Association/Union representative).  If you do meet with them on your own, then make a full note of the meeting and sign and date those notes (follow the procedure in the ‘do list’ at 4 above).
  3. Do not in general sign anything on the spot.  Only sign documents after you have had the benefit of independent advice, such as that of a lawyer or Staff Council representative.  Never sign a separation agreement until it has been thoroughly reviewed by a lawyer instructed by you. Do not think that you are anything other than the victim of your employer’s conduct.
  4. Do not be afraid to assert your rights, for your organisation will have some form of enforceable anti-retaliation procedures.
  5. Do not let your performance at work be unduly affected by your complaint, as you do not want your employer to be able to claim that you are a sub-standard performer.

If you could benefit from clear and practical advice, specifically designed for International Civil Servants, please click here to contact members of Bretton Woods Law.