They Promised, But Can They Deliver?

Maria DWEGGAH, WHO

"But he promised”; “She said she would” Promised what? a promotion? a fixed term contract? contract renewal? upgrade? He promised you a transfer, she promised more interesting work. He promised, she promised. But did they mean it? And, can they deliver?.

Promises of a more binding nature

First of all, I would like to address the legal definition of a promise according to the ILO Administrative Tribunal’s (ILOAT) case law: “a promise should be substantive, i.e. to act, or not to act, or to allow; it should come from someone who is competent or deemed competent to make it; that breach should not cause injury to him who relies on it; and that the position in law should not have altered between that date of the promise and the date of which fulfilment is due.

It does not matter what form the promise takes: it may be written or oral, express or implied.” (in re Gieser). People file complaints when they feel that their organization does not abide by its own promises.

According to the cases I have read on the subject, a good number deal with promises of extended/long-term employment or fast-track promotions made to candidates at recruitment by competent people (people with authority to make such promises) to lure them into an organization or another position. It might happen that the organization, for one reason or another, will not be able to honour its promise. If in good faith, the new recruit relied on those promises and thus turned down another job offer, the organization is likely to be found liable for damages caused to him or her.

Other cases deal with complaints brought by disgruntled serving staff to whom promises of promotions were made perhaps to appease them or to avoid appeals. If a staff member can prove that a promise was made and that there was mutual understanding of this promise, then he or she will have a pretty good chance of winning. But remember, a promise need not be in writing to be binding upon the Administration, but of course, it is a lot easier to prove if it is in writing. If someone does make a verbal promise, the staff member should then create a note for the record of the promise. (in re Schmidtkunz) To remember also—if the chief executive of the organisation makes a promise in public, such as in a speech, if specific enough, it can also be found to be binding on the organisation.

Amazingly enough, I have found no cases which deal with people on temporary 11-month contracts who had been promised fixed-term contracts, and who had patiently and trustingly signed their second -third -fourth -fifth, sixth 11- month contract. I am sure there are many out there who keep hanging on and on, wishing and hoping that their post will open up – promises, promises. The carrot and the stick, the stick and the carrot. I wonder what the ILOAT or UNAT’s decision would be if someone filed a complaint against this “mother lode” of promises.

Can an organization absolve itself from liability by pointing to some provision or another. Administrators should not be making promises which are incompatible with strict observance of rules and regulations in the first place. What a convenient way to keep people on a string for years and then to say, “Gee, I know I promised, but we have to follow the Rules.” “They’re really strict about this.” “The Staff Association will never allow it.” “You’re from a C country. Or worse, “male from a C country.” “It’s going to be tough.” “They will never allow a waiver.”

Routine Promises – “les promesses n’engagent que ceux qui les écoutent”

I define “routine” promises as those that are made by people who are not competent (in the legal sense), meaning that they do not have either the authority or standing to make them or are powerless to carry them out. They include promises of reclassification, upgrades and promotion. I would call them promises of control and manipulation as they are much more intimately positioned between supervisor and supervised.

This type of promise is incompatible with strict observance of rules and regulations. The promise-makers are not in a position to make such promises. They cannot deliver. They can, however, facilitate the process of a reclassification or upgrade by initiating a request and by helping the staff member complete and update his/her Post Description. They can give recommendations. But the ultimate decision depends on a process which includes a desk audit, an evaluation, a review committee and final decision by some upper level authority. I am sure each organization has its own mechanisms but all in all there is a procedure to follow.

The major difference between these promises and the ones of a more binding nature is that the staff member DOES NOT NEED TO WAIT FOR THE PROMISE TO BE HONOURED or EVEN THE PROMISES TO BE MADE.

Staff members can actually play an active role; they can take charge of their professional life and initiate requests for classification reviews if they feel their duties have changed substantially, if they have taken on additional duties, or if they have been moved, rotated, transferred and find themselves without a valid post description.

To those of you who have been waiting for your “boss” to give you your upgrade, I would say, “Wake up and smell the coffee.” If they haven’t done it by now, chances are they never will. Why should they?

A big CAVEAT. If you do embark on the journey of asserting your rights, there may be a teeny, weeny price to pay. This is not to scare you off. You may have the perfect boss who is truly interested in your career, who recognizes your contribution, and your potential and who is a real manager of people. The small warning is for those who may not have the dream boss, just remember: “Nothing is for nothing, you have to pay the piper if you dance to the music, no pain no gain, no fight without blood, etc. etc. etc. There will be the initial stalling, the subsequent, “Oh, sorry, I put it in the drawer and just forgot about it.” The attempt to wear you down, making you feel guilty that you would actually ask for something more, making you feel unworthy of such a request. This may not be a general rule, but you should be ready for a little resistance.

What causes this resistance? What emotions do we set off when we assert our rights, what strings do we pull? Do we challenge authority when we request our due? Do we threaten someone’s power? Do they feel diminished in any way? Do they see this as the beginning of a “mass revolt”. Do they see this as a contagious disease? Are they afraid of losing control? Or giving up some of their territory? What is their own vulnerability?

And we in turn, what is our excuse for the passive, accepting attitude? Why do we chose to be party to this collective emotional blackmail? Given the climate in some of the organizations, it is no wonder. Kind of ironic though that we should feel this way inside buildings that were constructed on foundations of justice, equity, service and human rights.

Here is a quote that might inspire: “Anyone can become angry—that is easy. But to be angry with the right person, to the right degree, at the right time, for the right purpose, and in the right way—this is not easy.” Aristotle, The Nicomachean Ethics