ACResolution Magazine

A third option for informal resolution, Administrative Review, enables staff to obtain review of a contested decision first by a department head and then, if necessary, by the Human Resources Department (HRD). Generally, staff must seek Administrative Review before requesting consideration by the Grievance Committee, unless the disputed decision was made by Human Resources or the Managing Director, in which case staff may proceed first to the Grievance Committee.

Formal Procedure

The Grievance Committee is an advisory body to the Managing Director of the IMF. The Committee serves as a neutral three-person panel, including a chairperson, a staff member appointed by the Staff Association Committee (SAC), and a staff member appointed by management. The Committee chair, an independent professional with relevant experience and legal expertise, is selected by the Managing Director following consultation with the SAC. The Grievance Committee reviews complaints brought by staff alleging inconsistencies between management decisions and IMF regulations governing conditions of employment. Typically, the Grievance Committee holds oral hearings, but with the parties’ consent, may consider a grievance on the written record alone.

The IMF Administrative Tribunal (IMFAT) is the final and highest level of review of administrative decisions. It functions as an independent body with jurisdiction over “any application … by a member of the staff challenging the legality of an administrative act,” which includes “any individual or regulatory decision taken in the administration of the staff of the Fund.” The IMFAT is further empowered to both review and issue judgments regarding decisions of the Managing Director and Executive Board. A claim within the Grievance Committee’s jurisdiction must exhaust the Committee’s procedures before being heard by the IMFAT. Members of the IMFAT, consisting of the President and four other judges, are typically prominent jurists with experience in international administrative law.

In 2000, the IMF recruited its first Ethics Advisor, who “promotes awareness of ethics issues, provides training and education on ethics, and carries out impartial inquiries and investigations concerning alleged violations of the [Fund’s] rules and regulations.

THE WORLD BANK

The World Bank employs more than 9,000 people in over 100 offices worldwide. Two-thirds of staff work in the Bank’s headquarters in Washington, DC.

Informal Procedure

The Ombuds Services operate independently of the Bank’s formal structure, and offer impartial and confidential assistance to staff with employment-related concerns., The Ombudsman may provide recommendations, and with staff’s consent, may speak with Bank staff at any level to assist dispute resolution. The Ombudsman may also reach out to management regarding systemic issues facing the organization.

Respectful Workplace Advisors (RWA) are volunteer peers who offer confidential assistance to staff experiencing employment-related conflicts and concerns RWAs do not formally participate in dispute resolution, but rather, provide advice to empower fellow employees to resolve problems or engage the Bank’s other conflict resolution services. The Ombuds Services Office supervises the RWA program.

The Office of Mediation Services provides mediation, group facilitation, and training services.

Formal Procedure

Peer Review Services (PRS) invites employees to seek review of an employment-related matter before an impartial panel of their peers. Peer Review Members, who are volunteer staff, determine whether a Bank decision accords with relevant organizational rules and conditions of employment. Peer Review Members serve in panels of three, and include both managers and non-managers.

Following a request for PRS review, management will typically issue a response. The Panel will then review the parties’ submissions and may hold a hearing, if requested. The Panel submits its findings to the Vice President of the manager responding in the case. The Vice President, after consulting with the Vice President of Human Resources (HRSVP), will determine any relief to be provided.

The World Bank Administrative Tribunal (WBAT) generally considers cases only after staff have sought assistance through available dispute resolution remedies, although for disciplinary and termination cases, staff may proceed directly to the WBAT. The WBAT consists of seven independent judges from different states among the Bank’s membership. Tribunal decisions are final.