10 A staff member's duties, obligations and standards of conduct are embodied in Article I of the Staff Regulations and in Staff Rule
110. Misconduct is defined in Staff Rule
110.8.
30 Director, Human Resources and Talent Management (HRT) in consultation with the Director-General or their delegate, or the Regional HR Manager in consultation with Regional Director and Director, HRT decides whether to place a staff member on administrative leave, and will inform the latter accordingly. Special procedures will be applicable for elected officials. The appropriate measures are taken to record the leave in the relevant system.
50 A staff member may be placed on administrative leave with full pay at any time following a report of alleged misconduct if at least one of the following conditions are met:
60 A staff member may be placed on administrative leave without pay if at least one of the following conditions are met:
- There are reasonable grounds to believe that a staff member has engaged in serious misconduct, including sexual misconduct; or
- When the misconduct is of such gravity that it would, if established, warrant dismissal under Staff Rule 1110.1.6 or summary dismissal under Staff Rule 1110.7, and there is information before the Director, HRT about the misconduct that makes it more likely than not that the staff member engaged in the misconduct.
70 Provided that the conditions in paragraph 50 and 60 are met, the staff member’s administrative leave with pay may be converted to administrative leave without pay at any time pending the conclusion on the allegation of misconduct.
80 In case of administrative leave without pay the Organization will maintain continuity of contributions to Staff Health Insurance i.e. both the Organization’s and the staff member’s contributions to ensure full coverage of the staff member during the period of administrative leave without pay and education grant payments if applicable. In addition, where a staff member wishes to maintain their contributions to the Accident Insurance and the United Nations Joint Staff Pension Fund schemes, the Organization will also pay its contributions to these schemes. In the event the staff member does not wish to contribute to these schemes the Organization’s contributions will cease. During administrative leave without pay no service credits will accrue.
Notification of placement on administrative leave
90 When placed on administrative leave, the staff member shall be given a written notification containing the reason for the administrative leave, their status during the leave, including the effective date and its probable duration. The notice of placement on administrative leave may be communicated to the staff member in hard copy or electronically. The notification may specify the conditions under which the staff member may have (electronic and/or physical access) to i.e. WHO premises, equipment and documents. It may also contain other instructions and information relevant to the situation, including the possibility of extension of the administrative leave.
Obligations of the staff member on administrative leave
100 Unless otherwise indicated in the written notification a staff member placed on administrative leave shall:
- Surrender the WHO premises pass;
- Return any WHO-owned equipment that has been assigned to the staff member;
- Obtain written approval if the staff member wishes to enter WHO premises during the period of administrative leave;
- Immediately provide to the Administration, and update as necessary during the period of administrative leave, the staff member’s current contact information, including telephone number(s), personal email address(es) and current residential address;
- Remain available to be contacted by the WHO through the contact information provided for the purposes of cooperation with an investigation and participate in the disciplinary process;
- Inform the Director, HRT of any planned travel and change of any contact details. For avoidance doubt, no permission is required for travel;
- Request permission to engage in any outside activities in accordance with Staff Regulations 1.4 and 1.7 and WHO Manual Part III. Section 1.2. paragraphs 80 and 90 and Information Note 14/2015 on outside activities;
- Refrain from tampering with evidence, contacting witnesses, potential witnesses or other persons implicated or involved in the investigation, whether they are WHO staff members or not, and any activities that may jeopardize the integrity of the investigation; and
- Comply with any instructions issued by the Director, HRT, the Regional HR Manager or IOS with the purpose of safeguarding WHO interests.
110 The breach of the obligations of a staff member on administrative leave may constitute misconduct.
120 Where WHO has made at least three documented attempts to contact the staff member on administrative leave using the most recent contact information provided, and the staff member does not contact WHO within three weeks of the last documented attempt, the staff member will be considered to have abandoned their post in accordance with Staff Rule
1080.
End of administrative leave
130 Where misconduct is not established, the administrative leave shall end immediately. If the staff member had been placed on administrative leave without pay, the amount withheld shall be promptly paid and service credits shall be retroactively credited for the period on administrative leave.
140 Where misconduct is established, the administrative leave shall end immediately. If the established misconduct warrants dismissal (Staff Rule
1110.1.6), the administrative leave will be immediately followed by placement on special leave with or without pay (Staff Rule
650.2). No other leave type shall be granted during such periods of special leave with or without pay. If the staff member had been placed on administrative leave without pay and the established misconduct does warrant dismissal or summary dismissal, any amount withheld shall not be paid to the staff member. In the event that the staff member resigns or otherwise separates from the Organization prior to the completion of the investigation or disciplinary process and/or the matter cannot be pursued as a result of lack of cooperation on the part of the staff member, any amount withheld shall not be paid to the staff member. If the staff member had been placed on administrative leave without pay and/or resigns or otherwise separates and the established misconduct does not warrant dismissal or summary dismissal, any amount withheld may be promptly paid or offset from any amount owed by the staff member to the Organization, depending on the determination of the nature of misconduct.
150 If a staff member separates during a period of administrative leave or, following the period of administrative leave a staff member is separated for misconduct, there will be no right to encashment of any annual leave which may have accrued during the period of administrative leave.
160 Administrative leave takes precedence over any other type of leave. If a staff member is on any other type of leave at the time they are placed on administrative leave, that leave shall cease with immediate effect and be recorded as such on the date prior to the start date of administrative leave. No other type of leave shall be granted during the period of administrative leave.
Initiating disciplinary proceedings
170 Further to an allegation of misconduct and the completion of an administrative fact-finding exercise in accordance with the rules and procedures of the Organization, the responsibility for deciding whether to initiate disciplinary action against a staff member rests with the Director-General for staff at Headquarters and the Regional Director concerned for staff in the regions.
180 Where the Director-General/Regional Director has decided to initiate disciplinary proceedings, Director, HRT or the Regional HR Manager in consultation with Director, HRT shall notify the staff member in writing of the charges made, including all relevant background documentation (e.g. an Office of Internal Oversight Services (IOS) report).
Reply to the charges (Staff Rule 1130)
190 The staff member shall be given the opportunity to reply to the charges made. The notification and the reply shall be in writing and the staff member shall be given eight (8) calendar days from the receipt of the notification within which to submit their reply. This period may be shortened if the urgency of the situation requires it. However, where a staff member presents valid written justification, the Director, HRT or the Regional HR Manager in consultation with Director, HRT may grant additional time to the staff member to prepare their reply.
200 Where a staff member who has been placed on administrative leave requests (electronic and/or physical) access to i.e. WHO premises, equipment and/or documents as relevant in order to prepare a reply to the notification of charges in the disciplinary proceedings, Director, HRT or the Regional HR Manager in consultation with Director, HRT will decide whether and on what conditions access will be granted.
210 If the staff member fails to respond within the established timeframe, this shall not prevent the Organization from taking action with respect to the charge or charges.
Finding of misconduct and imposition of disciplinary measures
220 The final decision to impose any disciplinary measure under the Staff Rules
1110.1.1 to 1110.1.5 is taken by the Assistant Director-General concerned up to and including grade P5 in consultation with Director, HRT for staff at Headquarters, and by the Regional Director concerned up to and including grades P6/D1 in consultation with Director, HRT for staff in the regions.
230 The final decision to terminate a staff member's appointment for misconduct further to Staff Rules
1110.1.6 and 1110.1.7 is taken by:
- the Director-General for staff members at grade P.6/D.1 and above or holding continuing appointments or serving as WHO Representatives;
- the Assistant Director-General concerned in consultation with Director, HRT for all staff members at Headquarters up to and including P.5; and
- the Regional Director for all staff members up to and including grades P.6/D.1 in the regions concerned in consultation with Director, HRT, except for WHO Representatives and staff members holding continuing appointments.
240 Decisions, including whether the staff member committed misconduct and the imposition of disciplinary measures, are taken by the requisite decision-maker further to the documentary evidence resulting from an administrative fact-finding exercise in accordance with the rules and procedures of the Organization, and following the notification of charges and reply procedure provided for in Staff Rule
1130.
250 A staff member against whom a disciplinary measure has been imposed further to Staff Rule
1110 must be informed of their right to appeal the decision pursued directly before the Global Board of Appeal, further to Staff Rule
1225.1.
260 Upon receipt of all documentation and approvals related to the decision to impose a disciplinary measure(s), GSC/GHR will process the appropriate administrative action and HRT will record the decision into the HR personnel file.
Written censure, to be retained in the staff member's personal record for five years, following which it will be removed
270 When it has been decided that a written censure will be imposed as a disciplinary measure, the written censure will form part of the letter on the findings of misconduct. A copy of the written censure shall be placed in the staff member's personal record for five years from its date of issuance, after which it will be removed.
280 GSC/GHR is responsible for ensuring the removal of a written censure from the staff member's personal record as of the established removal date. The staff member should be informed accordingly by the GSC/GHR.
Fine of up to three months' net base salary
290 When it has been decided that a fine will be imposed as a disciplinary measure, a staff member shall be given at least one month's written notice of the amount of the fine and how it will be administered (for example, through a salary deduction or by a lump sum payment to the Organization).
300 The Director, HRT or the Regional HR Manager shall notify the staff member in writing of the fine imposed, including all relevant background documentation (e.g. an IOS report). The notification normally includes information, as applicable, on the start date of a deduction, the amount due and the payment schedule, and the relevant bank account if a lump sum payment is to be made.
310 A fine shall be recovered from a staff member, at the rate of 20 percent of the staff member’s monthly net pay, in order to provide that a subsistence level of 80 percent of the total monthly net pay can be maintained. Where this level cannot be maintained, or in exceptional circumstances, Director, HRT may consider changing the payment percentage to allow for a longer period as required.
320 For details on the calculation and implementation of the fine recovery, please see paragraph 70 above.
Loss of up to three steps at grade
330 When it has been decided that the disciplinary measure to be imposed is the loss of up to three steps at grade, the staff member shall be given written notice of the lower step at which they will be placed (i.e., up to three steps below the step of the grade at which they are when the decision is made to impose a disciplinary measure).
340 The Director, HRT or the Regional HR Manager shall notify the staff member in writing of the lower step at which they will be placed, including all relevant background documentation (e.g. an IOS report). The notification normally includes information, as applicable, on the start date of the loss of steps, the amount of steps and the implementation period. The notice period shall be at least three months for a staff member holding a continuing or fixed-term appointment, and at least one month for a staff member on probation or holding a temporary appointment, further to Staff Rule
580.2.
350 If it is not possible to implement the number of steps lost based on the current step of the staff member, the current step of the staff member will be maintained for the corresponding qualifying time period for a Within-Grade Increase (WIGI).
Suspension with partial or no pay for up to one month
360 When it has been decided that the disciplinary measure to be imposed is a suspension for up to one month with partial or no pay, the Director, HRT or the Regional HR Manager shall give written notice to the staff member of the effective date of the suspension and its duration (i.e., number of calendar days). The notice period shall be at least three months for a staff member holding a continuing or fixed-term appointment, and at least one month for a staff member on probation or holding a temporary appointment, further to Staff Rule
580.2. Provisions related to social security payments and encashment of accrued annual leave during administrative leave (see paragraphs 60 and 90 above) apply equally to periods of suspension with no pay.
370 When it has been decided that the disciplinary measure to be imposed is a reduction in grade, the Director, HRT or the Regional HR Manager shall give the staff member written notice of the intended reduction. The notice period shall be at least three months for a staff member holding a continuing or fixed-term appointment, and at least one month for a staff member on probation or holding a temporary appointment, further to Staff Rule
580.2.
380 The reduction in grade decision letter shall notify the staff member of the imposition of the new grade and step, which may result in the net base salary being fixed at a lower step in the lower grade, in line with Staff Rule
320.3.2, and the relevant change in the staff member's post description.
390 Any decrease of salary shall be effective from the first of the month following completion of the required notice period, further to Staff Rule
380.3.2.
400 When it has been decided that the disciplinary measure to be imposed is a dismissal, the staff member shall be given one month's written notice of the termination of their appointment further to Staff Rule
1075.1. The Director-General decides whether to grant the staff member an indemnity not exceeding one-half of that payable under Staff Rule
1050.10. No end-of-service grant is payable.
410 A candidate alert shall be inserted into the electronic recruitment system and will prevent the staff member from being considered for any future employment with the Organization.
Summary dismissal for serious misconduct
420 When it has been decided that the disciplinary measure to be imposed is a summary dismissal, the staff member shall be informed in writing of the termination of their appointment on these grounds. Further to Staff Rule
1075.2, the staff member shall not be entitled to notice of the termination, indemnity, repatriation grant or end-of-service grant.
430 A candidate alert shall be inserted into the electronic recruitment system and will prevent the staff member from being considered for any future employment with the Organization.
Process for former staff members
440 In the event that a staff member separates from the Organization prior to the conclusion of the administrative fact-finding exercise and/or disciplinary process, for the purpose of due process and fairness, the respective processes will be finalized in accordance with the rules and procedures of the Organization and/or
Article X of the Staff Regulations and Section 11 of the Staff Rules. Separation related payments may be withheld until conclusion of the respective processes to ensure cooperation with the investigation and the Administration. A candidate alert shall be inserted into the electronic recruitment system in cases of allegations of sexual misconduct, abusive conduct, fraud or any other behaviour that would normally warrant dismissal or summary dismissal and will prevent them from being considered for any employment with the Organization pending conclusions on the allegations of misconduct. An insertion of a candidate alert pending final decision is an administration measure and not a disciplinary one, and does not prejudge the outcome of the administrative fact-finding exercise and/or disciplinary process.
450 When notifying the former staff member of the allegations of misconduct carried out while they were in service with the Organization, the notification of charges shall advise them that a candidate alert has been inserted into the electronic recruitment system that will prevent them from being considered for any employment with the Organization pending conclusions on the charges.
460 The final decision by the requisite decision-maker shall conclude whether or not the former staff member committed misconduct while they were in service with the Organization and indicate the non-disciplinary and/or disciplinary measures warranted, had the former staff member remained in service with the Organisation. The final decision must, however, not impose disciplinary measures (
Staff Rule 1110) nor a non-disciplinary reprimand (
Staff Rule 1115). If the final decision indicates that dismissal or summary dismissal would have been warranted had the former staff member remained in service, the provisions under the Staff Regulations and Staff Rules concerning separation related payments will also apply to the former staff member concerned. Where the final decision concludes that the former staff member did not commit misconduct while they were in service with the Organization and/or would not have warranted dismissal or summary dismissal, the candidate alert will be removed.
470 The final decision is taken by the Assistant Director-General concerned up to and including grade P5 in consultation with Director, HRT for former staff members of Headquarters, and by the Regional Director concerned up to and including grades P6/D1 in consultation with Director, HRT for former staff members of the regions.
480 Upon receipt of all documentation and approvals related to the final decision, GSC/GHR will process the appropriate administrative action and HRT will record the final decision into the HR personnel file.
490 A former staff member against whom a final decision has been taken in that regard must be informed of their right to appeal the final decision pursued directly before the Global Board of Appeal, further to Staff Rule
1225.1. 500 WHO may periodically report internally and externally on cases of misconduct that have been investigated and/or have led to the imposition of disciplinary measures and/or administrative measures or would have been warranted.
510 In circumstances involving a staff member or former staff member who has applied for a vacancy in, or is transferring to, another organization that is a member of the UN Common System
or UN Chief Executives Board for
Coordination (CEB), HRT may provide information about any ongoing investigation and/or disciplinary processes concerning the staff member or former staff member. Such information may also be provided to a non-United Nations system entity, donor, partner or prospective employer of a staff member or former staff, upon the request of such entity or prospective employer, provided the entity or prospective employer has obtained written consent of the staff member or former staff member to contact WHO and a copy of such consent is provided to WHO. Such consent is not required in cas
es of allegations or decisions regarding sexual misconduct when information is released to
governments, local authorities, donors and/or partners of WHO (see para 6.5.14 of the Policy on Preventing and Addressing Sexual Misconduct). 520 WHO participates in ClearCheck, a centralized database that permits the sharing of information amongst UN entities on former members of UN personnel with records of misconduct, with the aim to prevent re-employing these individuals within the UN system.
530 A staff member will be included in ClearCheck if they are the subject of allegations of
misconduct and:
- the allegations were confirmed by WHO and the staff member’s working relationship with WHO was terminated as a result; or
- the allegations were confirmed after the staff member separated from WHO and would have warranted termination of the working relationship if the staff member had remained employed by WHO.
540 In addition to instances outlined in paragraph 530, a staff member will be included in ClearCheck if they are the subject of allegations of:
- sexual harassment and they separated prior to completion of the investigation and/or disciplinary proceedings, the pending allegations if confirmed would have warranted termination of the working relationship, and it is determined that the staff member failed to cooperate with the investigation or disciplinary proceedings.
- sexual exploitation or sexual abuse and the allegations were confirmed by WHO or they separated prior to completion of the investigation and/or disciplinary proceedings.
Depending on the final outcome of the relevant process, the entry in ClearCheck will be either revised accordingly or removed.
