Misconduct, administrative and disciplinary measures

Staff Rule 110.8 defines misconduct as:

“110.8.1 any improper action by a staff member in his official capacity;
110.8.2 any conduct by a staff member, unconnected with his official duties, tending to bring the Organization into public discredit;
110.8.3 any improper use or attempt to make use of his position as an official for his personal advantage;
110.8.4 any conduct contrary to the terms of his oath or declaration.”

Staff Regulation 10.1 states that “[t]he Director-General may impose disciplinary measures on staff members whose conduct is unsatisfactory. He may summarily dismiss a member of the staff for serious misconduct.”

Staff Rule 1110.1 states that “[a] staff member who fails to observe the standards of conduct as defined under Article I of the Staff Regulations and Staff Rule 110 shall be subject to disciplinary measures.[…]”

Depending on the office, unit, grade and type of appointment of the staff member, the Director-General has delegated his authority to conclude on misconduct and impose disciplinary measures against staff members to the assistant directors-general and regional directors. Aggravating and mitigating factors are also taken into account in determining a proportionate sanction and vary according to the unique facts and circumstances of each case.

The objective and subjective criteria that the Administrative Tribunal of the International Labour Organization (ILOAT)¹ considered relevant include, inter alia:

• the nature and gravity of the offence
• whether it is a repeated offence and whether the staff member was previously warned
• whether the act was intentional or a result of mere carelessness
• the length and record of service
• the personal situation of the staff member and his or her family.
   

Types of disciplinary measures

The current Staff Rule 1110 sets out the disciplinary measures for staff members which can be one or a combination of the following:

• written censure, to be retained in the staff member’s personal record for five years, following which it will be removed;
• fine of up to three months’ net base salary;
• loss of up to three steps at grade;
• suspension with partial or no pay for up to one month;
• reduction in grade;
• dismissal; and
• summary dismissal for serious misconduct.
   

An earlier version of Staff Rule 1110 (in force until 2015) set out the following disciplinary measures for staff members:

• oral reprimand
• written reprimand
• reassignment with or without reduction in grade
• dismissal for misconduct
• summary dismissal for serious misconduct.
   

For affiliate personnel², the terms and obligations of their contractual relationship, undertaking and, where applicable the above-mentioned policies set out termination as an administrative measure.

Staff members who separated from the Organization (former staff members) and where it was concluded after their separation that they committed misconduct during their appointment receive a decision which informs them that, had they remained in service with the Organization, their actions would have warranted one or a combination of the above-mentioned disciplinary measures.

Affiliate personnel who are no longer in service for the Organization (former affiliate personnel) and where it was concluded after their service that they committed misconduct during their service receive a decision which informs them that, had they remained in service with the Organization, their actions would have warranted an administrative measure, in accordance with the terms and obligations of their contractual relationship.
 

Other measures

Members of the workforce whose appointment or contractual relationship with WHO was terminated further to a conclusion of misconduct or where it was concluded after their separation that they committed misconduct during their appointment or service, are informed that they will not be considered by WHO for future employment. In such cases, a note is kept in the Enterprise resource planning (ERP) system and STELLIS (recruitment system). In addition, when a dismissal relates to sexual misconduct, the subject’s name and personal information are entered in the ClearCheck³ screening database. It applies similarly to former staff members and former affiliate personnel.

However, not every allegation of misconduct results in measures against members of the workforce being taken. If all allegations are unsubstantiated through the investigation, a disciplinary/administrative process will normally not be initiated (although managerial action may still be taken). Likewise, further to the reply to the notification of charges, the case may be closed or, where appropriate, other administrative actions taken. Conduct issues for staff members that were dealt with by means other than disciplinary measures (for ex. non-disciplinary reprimand (Staff Rule 1115) or other administrative and managerial actions) are not included in the compendium.

In accordance with Staff Rules 1112, where misconduct results in a financial loss suffered by the Organization, the Organization will recover its financial losses through payroll recoveries.

In accordance with Part H, paragraph H.7 of the Staff Health Insurance (SHI) Rules (2023), if it is established that insurance fraud has been committed or attempted, the paying member concerned shall be automatically excluded from participation in the SHI. Dependents and other eligible family members (“participating family members”) shall also be automatically excluded from participation in SHI.

In cases where national laws may have been violated, the Director-General may submit the case to the national authorities for consideration and/or action as deemed appropriate by the authorities.

¹ The ILOAT is the forum for which the WHO has recognized its jurisdiction to hear complaints alleging non-observance, in substance or in form, of the Organization’s terms of appointment of officials and of such provisions of the Staff Regulations as are applicable to the case.

² All individuals who are engaged through contractual arrangements other than staff appointments under Staff Rule 420. This includes, but is not limited to, temporary advisers, consultants, special services agreement (SSA) holders, interns, individuals on loan to WHO, UN volunteers (UNV), junior professional officers (JPO), contractors under an Agreement for Performance of Work (APW), and third-party entities such as grantees, and technical partners.

³ The ClearCheck screening database is a United Nations (UN) system-wide electronic database that permits the sharing, inter alia, of information among entities with membership in the UN System Chief Executives Board for Coordination, on former UN personnel with records of sexual exploitation and abuse or sexual harassment, with the aim to prevent re-employing these individuals within the UN system.