Women employees’ quest for fair treatment

Women employees working in various international organisations worldwide often encounter unfair treatment, discrimination, and sexual harassment in the workplace. When they speak up against such injustices, the whimsical administrative decisions of organisations often try to suppress their voices. The International Labour Organisation's (ILO) administrative tribunal emerges as an ally for victims and provides support and hope to get a fair trial. The author intends to explore the arduous journey of the female employees, highlighting their courage and fighting spirit to fight injustices in the workplace.

In the case of Ms. C.C., she complained to the World Intellectual Property Organisation (WIPO) citing grievances including sexual harassment, discrimination in promotion, work undervaluation, and breaches of staff regulations. Becoming aggrieved with WIPO's decision to settle the complaints, the victim approached the ILO tribunal. Later, the tribunal stated that WIPO failed to ensure a safe and adequate environment for its staff and ordered WIPO to compensate the complainant.

Ms. U. M. C. filed a complaint against the International Criminal Police Organisation (Interpol) highlighting procedural shortcomings, an inadequate inquiry into harassment, and the impact of the organisation's decisions on her well-being. The decision of the ILO tribunal addressed these concerns, emphasising the importance of due process and timely as well as thorough investigations into harassment cases.

In another case, Ms. S. C. N., the complainant challenged the decision of the World Health Organisation, (WHO) which rejected her claim that her illness be recognised as service-incurred due to work-induced burn-out. While the internal grievance mechanism refused to recognise her claim, the tribunal settled the dispute in favour of the complainant and ordered WHO to pay moral damages.

Ms. E. L., a temporary contract worker, filed a second complaint against the International Criminal Court (ICC) challenging the handling of her grievance complaint by the concerned authority. In this case, the complainant sought the tribunal's intervention, seeking to set aside the impugned decision and requesting an examination into the merits of her grievance complaint.  Similarly, Ms. Y. S. filed her third complaint against the Energy Charter Conference (ECC). The complainant challenged the rejection of her harassment claim. The ILO tribunal determined the validity of the ECC Secretary-General's rejection of the harassment claim. However, notwithstanding the tribunal's decision, the remarkable determination displayed by these women to uphold their rights is commendable.

In another compelling case, the complainant was a Canadian national, Ms. J.L.H, who was employed as a senior auditor at the International Atomic Energy Agency (IAEA) in 2003. After legally marrying her same-sex partner in 2006, she sought dependency benefits. The Agency dismissed her claim, asserting that its policy restricted the definition of "spouse" to opposite-sex partners. Alleging an error of law, abuse of authority, and discrimination based on sexual orientation, Ms. J.L. H challenged the Director General's interpretation, asserting a breach of non-discrimination principles and international human rights instruments. Failing to get a remedy from the IAEA, the complainant asked for a remedy from the ILO tribunal. The tribunal overturned the decision of IAEA and instructed them to reassess the complainant's rights and also to compensate the complainant for the moral injury sustained. This case was a marvel showing what a determined woman can accomplish if she keeps fighting.

In a legal milestone, Ismet Zerin Khan, a Bangladeshi individual, has emerged victorious after a decade-long battle against the World Bank. She was a contractual employee at the World Bank and was fired from the Bank without proper reasoning. Later she sought justice in the World Bank's Administrative Tribunal and did not get any favourable remedy. Unprecedently Ismet knocked on the door of the domestic court of Bangladesh where the court decided the case in her favour. This remarkable decision prompts a reconsideration of the World Bank's claimed immunity in other nations.

In one way or another, women of this era keep finding a technique to exercise their rights. This may not be true for many women as well, who, due to structural inequality, fail to fight the odds. The stories of courageous women workers who bravely fought against unfair treatment and discrimination within international organisations serve as an inspiration for countless other women afraid of speaking out against workplace injustices. 

The writer is Professor at the Department of Law, University of Rajshahi.