Yessica*: “I am pregnant and wish to inform my hierarchy so they can get organised as early as possible, but I am wondering whether this could influence my chances of obtaining an indefinite contract. I would like to know if I can come and talk to you about this in complete confidence.”

Absolutely. As the Ombud, I am not part of the Management and I can advise Yessica completely independently. Delicate situations can be brought to my attention without anyone being placed at risk. In fact, I cannot take any action without the prior and explicit agreement of the people who come to see me. I will discuss the various options with Yessica, but it is entirely her choice what to do next.

Confidentiality is governed by a few principles:

• It doesn’t just concern the content of the conversation, but also the very fact that we have met: no-one will know that you have come to see me.
• I don’t generally take notes, but if I do, I destroy them as soon as the case has been dealt with. The only data that I keep is statistical, allowing me to write my annual report on systemic problems and trends.
• Under no circumstances will a conversation with me result in a formal procedure being triggered: I can never be called upon to testify in front of any board or committee. If you tell me about irregular situations, I cannot pass judgement or act on my own initiative. My role is to inform you of the potential consequences of the situation and explain what I think is the right thing to do. However, it’s entirely up to you to decide what action to take.

Compare this with the professional secrecy of lawyers and doctors: if they compromise the confidentiality of their conversations, they risk losing the right to practice. The confidential nature of conversations with the Ombud is one of the main reasons why members of the personnel come to see me.

However, bear in mind that there is one exception: if I feel that there is a serious and imminent threat to people or the Organization. To be more specific, this means that if I learn that someone is in danger or that the Organization is under a serious threat (for example at risk of an attack or a major fraud that could undermine its financial situation), I must break my pledge of confidentiality. However, I will inform the person concerned first.

You can come and see me in complete confidence.
A meeting with me can never be used against you.

*Names have been changed

Pierre Gildemyn

If you’d like to comment on any of my articles or suggest a topic that I could write about, please don’t hesitate to e-mail me at Ombuds@cern.ch.