ILO Administrative Tribunal amends rules to allow anonymous proceedings

By Frédéric Dopagne, Saskia Lemeire and Bert Theeuwes

During its 128th session in June 2019, the Administrative Tribunal of the ILO (ILOAT) introduced a new article 7ter to its rules allowing applicants to request anonymity. Under the new article 7ter a complainant or intervener may request anonymity when filing a complaint or request for intervention. Subject to comments of the defendant, the Tribunal will then decide on the request. The Tribunal may grant anonymity when “disclosure of the identity of the complainant or intervener in a judgment is likely to be seriously prejudicial to that person’s interests”.

With this amendment, the ILOAT follows the practice of several other international administrative tribunals which already allowed for anonymous proceedings, such as the Administrative Tribunal of the International Monetary Fund, the Administrative Tribunal of the Asian Development Bank and the Administrative Tribunal of the Council of Europe (although the Administrative Tribunal of the Council of Europe does not have written rules on anonymity, it allows for it in practice). While disclosure of the identity of the parties remains the rule and anonymity the exception, anonymity can be requested and will be granted if the tribunal deems it appropriate. Generally, international administrative tribunals only grant anonymity in cases concerning alleged misconduct or cases concerning highly personal information (related to health for example).