Building a High Trust and a Conflict Competent Workplace

Afr ican Development Bank

2010 Annual ReportOffice of the Ombudsman

Building a High Trust and a Conflict

Competent Workplace

2010 Annual ReportOffice of the Ombudsman

Building a High Trust and a Conflict

Competent Workplace

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2 0 1 0 A n n u a l R e p o r t : O f f i c e o f t h e O m b u d s m a n

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How the Office of the OmbudsmanFunctions


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How the Office of the Ombudsman Functions

• An Ombudsman is a designated neutral andimpartial conflict resolution practitioner whoseprimary function is to provide confidential, in-dependent and informal assistance to staff ongrievances and complaints related to humanresources and workplace issues. The Officefacilitates dispute or conflict resolution amongstaff and between staff and managementthrough mediation and conciliation and sup-plements the formal staff recourse systems forconflict resolution, such as the Staff AppealsCommittee and the Administrative Tribunal.

• The objective of the Office of the Ombuds-man, when a complainant visits, is to workwith him/her to explore ways and optionshe/she is comfortable with pursuing to arriveat a solution to the problem. The optionsmight include referral to another organizationunit that can better assist the staff.

• All conversations with the Office are held instrict confidentiality unless authorized by thecomplainant to do otherwise for the purpose ofresolving the issues raised. The only exception,which is determined at the sole discretion of theOmbudsman, is where “there appears to be im-minent risk of serious harm.” For that reason,the Office keeps no records on behalf of theBank and proceeds to destroy all documentsthat may contain information identifying enqui-rers as soon as the case is closed.

• The Office does not serve as an advocate forany person in a dispute within the organiza-tion; however it advocates for fair processesand their fair administration.

• As an early warning agent, the Office of theOmbudsman while adhering to tenets of

confidentiality and neutrality provides unfilte-red and independent upward feedback to Ma-nagement on case trends, patterns, systemicissues, policies and practices observed andascertained in the organization. This feedbackenables Management to introduce timely pre-ventive or corrective measures that forestallunnecessary adversarial recourses, help toimprove the general workplace environmentand introduce necessary systemic changes.

• Thus although it is outside of the normalpower structure of the Bank, the Office has nodecision-making powers, and neither formu-lates nor changes policies; the Office throughits feedback and recommendations causesManagement to make improvements inhuman resource policies, procedures andpractices. This year, the Office worked closelywith Human Resources Department, StaffCouncil and Ethics Office to promote a moreharmonious workplace environment.

• The services of the Office are available to allstaff, past and present, regular and short-term, as well as at managerial levels. Interac-tion with the Ombudsman is voluntary and notimposed.

• The Office of the Ombudsman also pursuescontinuing education and training to remaincurrent and maintain the standards of prac-tice of the profession and fosters communi-cation about the role of the Office to all thoseserved by the Office.

• The Office administers the Values PromotionChampions (VPC) program which enables fieldoffice staff to have preliminary conflict manage-ment services from their selected peers.


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Table of Contents


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Table of Contents

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How the Office of the Ombudsman Functions

A Word from the Ombudsman

Main Activities Carried out by the Ombuds Office in 2010

A Ombuds and Mediation Services to VisitorsCase and Visitor Trends, Types and Outcomes

B Values Promotion Champions ProgramPerformance, Confronted Issues, Challenges and Future Action Points

C Internal Networking, Sensitization and Outreach Activities Top ManagementSenior Management Senior Management Coordination Committee (SMCC)CSVPCHRMStaff Council Office (SCO) and Ethics OfficeStaff Appeals Committee (APCU) & Administrative Tribunal (TRIB)Sensitization and Outreach Activities

D External NetworkingInternational Ombudsman Association (IOA)The United Nations and Related International Organizations(UNARIO)The World Bank Group

E Training and Skills DevelopmentOmbuds Office TeamValues Promotion Champions (VPCs)Managers and Resident Representatives

F Systemic Issues for Upward Feedback

Conclusions and Way ForwardImproved Conciliation and Mediation ServicesTraining and Skills DevelopmentIntensification of Advocacy and Outreach Practices Enhanced Collaboration with other Internal Justice SystemExternal Networking

Photo of OMBU Team & Contact details for OMBU

AnnexesStaff Rule 103.00TTerms of Reference of the OmbudsmanTOR of the VPCs (Add selection process and tenure)List of the VPCs with their photos.Standards of Practice of the International Ombudsman AssociationSample Memorandum of Agreement for MediationSample Request for Conciliation /MediationOMBU Exit Interview SheetPhotos from the OMBU 2010 Album


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A Word From the Ombudsman


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A Word From the Ombudsman

Dear All,

In accordance with our Terms of Reference (seeAnnex 2), we are pleased to share with you the

7th Annual Report of the Office of the Ombudsmancovering the period January to December 2010.As required, it describes in general terms the is-sues dealt with and the outcome of the Ombuds-man intervention. Upon publication it will beavailable to staff and Management.

We had pursued the theme of “Building a ConflictCompetency Bank” for the 2009 Annual Report inan attempt to project a more proactive andconstructive conflict management approach of ouractivities which took place in the diverse and multi-cultural environment of the African DevelopmentBank. In 2010, our experience, challenges en-countered as well as accomplishments got us tofine-tune the theme of the Annual Report to: “Buil-ding a High Trust and a Conflict Competent Work-place”1. It became clear to us in the course of theyear that to contribute effectively towards makingour Bank a Conflict Competent organization weneed to build on trust at the workplace. The Officeof the Ombudsman should be worthy of the trustplaced in its services by management and soshould the staff that walks in to share his/her pro-blems or concerns hoping to find solutions. In thisrespect, we found the extracts below from a book1

on Trust as having a direct bearing on conflict ge-neration and management at our workplace:

• “Lack of trust within an organization saps itsenergy, fosters a climate of suspicion andsecond guessing, completely devastatesteamwork and replaces it with internal politics.The end result is low morale and theconsequent low standards of performance”.

• “Low trust creates hidden agenda, politics, in-terpersonal conflict, interdepartmental rival-ries, win-lose thinking, defensive andprotective communications, all of which re-duce the speed of trust”.

• “Low trust slows down everything, every de-cision, every communication and every rela-tionship”.

• “High trust on the other hand producesspeed, which brings” results”.. Results buildbrand loyalty; it inspires and fires up a winningculture”.

• “The Synergistic effect of being trusted and gi-ving trust unleash a level of performance neverexperienced before in a person and almosteveryone associated with those events look onthe transformation as supreme, most exhilara-ting and inspiring experience of their businesscareers.”

Our plan is to allow these important sayings in-fluence our aspirations, efforts and services to theBank in future.

Regarding performance in 2010, we made progressin terms of higher turn-ups of visitors and caseloadshandled (up 5% from last year). We also realizedmarked outcomes in terms of cases brought to clo-sure of (99%) against our targeted institutional KPIof 95%. Our targeted training and capacity buildingactivities of the Ombuds Team, VPCs, RRs, Mana-gers, newly appointed staff through the CHRM in-duction and On-boarding sessions weresuccessfully achieved. However, our skills enhan-cement program for other non-managerial staff hadto be postponed due to timing constraints.

We continued to use our external networks with theInternational Ombudsmen Association (IOA) and theUnited Nations and Related International Organiza-tions (UNARIO) of Ombudsmen and Mediators tosharpen our skills and acquire best practices in theprofession. Our collaboration with the World Bankremained very fruitful as we emulated two fine ideasfrom our visits to their Head Office in WashingtonD.C. Firstly we obtained ideas used in the creationof more comfortable and up-to- standard office pre-mises as we relocated from the Amen Bank to cur-rent premises at ATR; and secondly, in theadaptation, with permission of the World Bank trai-ning materials for their Respectful Workplace Advi-sors (RWAs) for training our Values PromotionChampions (VPCs) in February in Nairobi.

We also advanced in our sensitization and ou-treach efforts through revamping our intranet and

1 “The Speed of Trust: One Thing That Changes Everything” by Stephen M.R. Covey with Rebecca R. Merill.

internet sites, publication of the OMBU/VPCNewsletters, presentations to Senior Management,improved interactions and partnerships with CSVP,CHRM, Ethics Office, Staff Council, TRIB andAPCU. In addition, we undertook joint problem-solving and advocacy missions with the Ethics Of-fice to certain field offices. The two main CHRMsponsored events for Resident Representatives inNairobi, Kenya in February and Abidjan, Coted’Ivoire provided the opportunity to sensitize RRson Conflict at the workplace; on how to manageconflict and use the Value Promotion Champions(VPC); and on the rising cost of ill-managed conflictat the workplace. Together with Ethics Office, StaffCouncil and CHRM we launched the observanceof a “Conflict Transparency Week” in March 2010which focused staff attention on managing conflict

to create a more civil and productive workplace en-vironment as well as on the Bank Corporate Va-lues of Excellence, Professionalism, Team Spirit,Integrity, and Transparency. However, there is stillroom for stepping up our sensitization efforts inlight of a revelation of the Gelfond Group 2010Staff survey that about 63% of respondents werereluctant to reveal problems or errors to manage-ment due to fear, lack of openness and trust.

To conclude this message first by pointing out thatthe Office of the Ombudsman is an early warningagent, which, while adhering to its tenets of confi-dentiality and neutrality, provides unfiltered and in-dependent upward feedback to Management oncase trend patterns, systemic issues, policies andpractices observed in the Bank. It is also an agentof change in our organization. I wish, therefore, toinvite you to come and share with the Second Om-budsman, Mr. Alisand Singogo and/or me any er-rors or systemic problems you come across. Wewould appreciate any innovative and creative ideasincluding those outside the traditional conflict re-solution apparatus to resolve work-related issues.You would agree with me that the task of creatinga High Trust and Conflict Competent Workplace isenormous. It requires us all to assume collectiveresponsibility to have a sustainable impact. Pleasecome and let us put our heads together to work itout as we delve into our 2011 work program.

Yours sincerely,

Amabel Orraca-NdiayeThe Ombudsman,


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Main Activities Carried out by the Office in 2009Section A: Ombuds and Mediation Services to Visitors

Main Activities Carried out by the Office in 2010

section a: Ombuds and mediation services to visitors.


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Main Activities Carried out by the Office in 2010Section A: Ombuds and Mediation Services to Visitors

Case and Visitor Trends, Typesand Outcomes

The total number of caseloads (complaints)handled by the Office in 2010 from January to

December was 105, a 5 percent increase from theprevious year and the highest recording during theperiod 2005-2010 as can be visualized in Fig 1.

The increased number of cases registered the pastcouple of years could be attributed in part to theoutreach and sensitization efforts made by theOffice across the Bank to ease staff access anduse of the informal recourse system. In thisrespect, the Values Promotion Champion (VPC)initiative introduced by management in 2008 toensure field office staff had access to informalrecourse services offered through the OmbudsOffice did play a part. In 2010, as can be deducedfrom Fig.2, 29 (28%) of the total number of caseshandled were from the field offices and mostlychanneled through the VPCs and to some extentover the telephone with complainants and duringin-field missions.

During the year, the origin of complaints receivedas can be deduced from figs 3-5 showed domi-

nance of: male compared to female; regional ver-sus non-regional; PL compared to GS; and emer-gence of a few from the EL categories of staff.

The largest segment of the cases/ complaintsduring the year as shown in Fig 6 was related tostaff Conduct and Abuse of Authority; whilesignificant portions had to do with Counseling&Coaching; Policy Practices; PerformanceEvaluation; Career Development & Job Security;and Compensation and Benefits. Complaints onseparation from the Bank were relatively low. Theshare of cases for counseling/coaching, not forcomplaints, was noteworthy in 2010 as they didnot surface in the previous years.

Fig.1:

Other

Fig.2: Total Caseloads received TRA in comparison to Field Offices

Fig.3: Distribution of Caseloads by Grade

Fig.4: Distribution of caseloads by Gender

Fig.5: Distribution of caseloads by Region


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It is also important to remark from Fig 7 thatcomplaints on Conduct & Abuse of Authority and thaton Career Development & Job Security were not onlydominant in 2010 but reached the highest levels inthe last five (5) years. The trends show, however,diminished complaints about Performance

Evaluation, Compensation & Benefits, Policy, andSeparation practices. Majority of the cases (90percent) handled in 2010 like in the past yearsrequired listening and walking staff through optionsopen to resolve their problems. Ten (10) percent ofthe cases required reconciliation and mediation.

Fig.7: Trends in caseload types over the period 2006-2010

Fig.6: Distribution of Key Caseloads - January to December 2010


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Outcomes

By 31 December, 99 percent of all cases handledillustrated in Fig 8 had been brought to closurewith consent of complainants and only one casewas carried over to 2011. During the course ofthe year, however, certain cases dragged on forweeks and sometimes months thus giving a diffe-

rent picture of outcomes (50-60%) in our quarterlyreports. In order to enhance outcomes, a new KPIwas introduced between the second and thirdQuarter to bring to closure all cases within 4weeks. This performance indicator was factoredin the conversation with visitors and contributedsignificantly to improved outcomes by the end ofthe year.

Fig.8: Distribution of caseloads by Outcome

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Section B: Values promotion championprogram (VPC)

Section B: Values Promotion Champion (VPC) Program

The VPC program was one of the main vehiclesused for dealing with field office conflict issues

during the year. As at 31 December 2010, theBank had 24 VPCs in the fully staffed field offices.Due to staff transfers and operationalization of newoffices, seven (7) new VPCs were selected forAlgeria, Angola, Burkina Faso, Cote d’Ivoire, SierraLeone, Sudan and Zambia. (See Annexes 3 and 4for Terms of Reference, Criteria for Selection andTenure of VPCs; as well as the complete list withphotos of VPCs as at 31 December 2010).

Performance, Confronted issuesand Challenges

During the year 2010, the VPCs performed fairlywell providing informal assistance to staff facingunethical behaviors and other types of stress and/orharassment in the workplace. As indicated earlier,29 i.e. 28% of 105 of the cases handled in 2010were from the field offices and mostly channeledthrough the VPCs. In general, the VPCs were ableto nurture more collaborative working relations withResident Representatives and Staff Council focalpoints and submitted periodic logs and write upsthat fed into the periodic reports to the President aswell as the Quarterly OMBUDS/VPC Newsletter.Furthermore, issues flagged from them, in somecases, led to combined problem-solving, advocacyand sensitization missions to certain field officesduring the year.

Complaints from the field channeled through VPCswere similar to those of last year including thefollowing:

• Perceived divide between nationally andinternationally recruited staff in some casesleading to the formation of camps or clanswhich is a breach of One Bank principle ofour institution;

• Frustrations relating to career opportunities,benefits and amenities for Tunis-based staffcompared to staff based in Field Offices;

• Difficulties of adjustment and integration ofnewly-recruited staff in the team;

• Controversies in performance evaluationgenerated by the dual reporting systems;

• Abuse of power by managers and residentrepresentatives, especially, relating toextension of probation period, contractrenewal and staff performance evaluation;

• Code of conduct and abuse of Bank propertyespecially vehicles;

• Lack of mutual respect for each other’sfunctions and responsibilities;

• Concerns of diminished salaries, benefits andentitlements with the adoption of the newsalary grid and compensation policy;

• In sufficient consultation with field office staffby consultants carrying out certain importantstudies/surveys on field offices; and

• Form of moral harassment and bullying withrespect to workload and delivery.

The VPC function being voluntary tended to addon more pressure to the regular working activitiesof the selected staff thereby requiring some degreeof self-discipline on their part to be able to managetheir own stress. It also required an extra effort andtime to acquire good understanding of HRprocedures and policies and the conflict resolutionsystem of the Bank. In this respect, a couple ofVPCs confronted with personal conflict situationswith peers and supervisors were providedcounseling and coaching.

The first year skills enhancement training session forVPCs was organized in Nairobi from 21-24 February2010 (see more details in Section E). Following thatsession, the Office was able to establish betterdialogue with the VPCs and to resolve casesreferred by them. Proper guidance was alsoprovided on how to handle other issues by the


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1 The Field Offices are: Angola; Algeria; Burkina Faso; Cameroon; Chad; DRC Congo; Egypt; Ethiopia; Gabon; Guinea Bissau; Kenya; Madagascar;

Malawi; Mali; Morocco; Mozambique; Nigeria; Rwanda; Sierra Leone; Senegal; South Africa; Tanzania; Uganda; Zambia


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VPCs themselves. Moreover, the VPCs committedto the following ten (10) action points during theNairobi training event to enhance their contributiontowards preserving and fostering a harmoniouswork environment: (1) Create a partnership with theSCO focal point in the office; (2)Create an inter-relationship with the World Bank RWA in theCountry/Regional Offices; (3) Regularly report onsystemic issues through use of the logs to theOmbuds Office; (4) Make better contributions to theOMBU-VPC Newsletter on activities in the fieldoffices; (5) Hold occasional meetings with the staffin the office to discuss pertinent issues; (6)Tonetwork better with other VPCs across field offices;(7)Create internal dialogue within the offices; (8) Toconstantly self-educate on developments within theBank that affect staff and share that knowledge withcolleagues; (9) Encourage the Ombudsman to visitcountry/regional offices to address first hand someof the issues that affect the offices; and (10)Conduct regular self-reflection on how each VPC isdelivering on his/her role.

Through the sensitization missions and trainingsessions to resident representatives as well as thecollaborative briefing sessions with the StaffCouncil, some of the longer-serving VPCs wereable to manage peer expectation better this year.

Finally as the pioneer group approached the end ofthe two year tenure, an enquiry was made inNovember 2010 to determine how many wereprepared to relinquish the position and forego theadditional year reserved for them in view of thedemands of the role. The feedback receivedindicated personal satisfaction derived andcommitment by all of them to continue in the role.

Joint VPC/ResReps Training in Nairobi

Partnership CHRM/OMBU/Ethics/SCO in Nairobi

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Section C: Internal Networking, Sensitization and Outreach Activities


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Section C: Internal Networking, Sensitization and Outreach Activities

Top Management

The periodic reports from the Office weresubmitted to the President every quarter in

addition to Back-to-Office Reports on missionsundertaken by the two Ombudsmen and copies ofthe Ombuds/VPC Newsletter. There were inaddition, a few one-on-one meetings with thePresident to discuss issues raised in the reportsand ways to resolve staff conflict more expedientlythrough the informal recourse mechanism. Thekeen interest expressed by the President inOmbuds reports and expedient handling of caseswas a major source of encouragement to theOffice and to visitors whenever they were informedof this. It therefore reinforced the Ombuds functionas an important avenue to sensitize managementabout systemic problems. Indeed through thischannel identified issues concerning staffrecruitment, conduct and abuse of power, salaryand compensation issues from field offices, shortterm staff conversion were given more profoundattention. Within the context of Bank-wideconversations between the President andManagers, the Office participated in a meetinginvolving the President and all organization unitsreporting to PRST held on November 2nd it wasan opportunity to expand on the activities of theOffice and flag certain systemic and proceduralproblems serving as a source of conflict for certaincategory of staff. We also benefited from guidanceand suggestions from the President and peers onways to enhance the outcome from OMBU.

Senior Management

The Chief Operating Officer (COO) was thedelegated representative of the President at thelaunch of the Conflict Competency Week whichtook place 15th to19th March 2010 based on thetheme : Together to build a Conflict CompetentBank. (See Session on sensitization and Outreachfor details). His involvement imparted to staff notonly the importance of the event but affirmedsenior management support and encouragementto promote a more civil, respectful and conflictmanaged workplace, a necessity for Bankbusiness productivity.

Senior Management Coordination Committee(SMCC)

Following up on guidance and suggestions fromthe President on the periodic reports from theOffice, two presentations were made to the SMCCon 24 June and 25 November 2010 respectively.Both sessions were personally chaired by theCOO. At the first Committee, the thrust of ourpresentation was on complaints over lack oftransparency and integrity in the recruitment andnomination processes together with feedbackreceived from the on-boarding sessions on thework environment. The Committee deliberated onthe issues with interest and concluded on thefollowing: (a) that the Recruitment Manual underreview has provided clearer structureaccountabilities and guidelines for the recruitmentprocess; (b) that CHRM, the custodian of therecruitment process had empowered its staff toensure strict compliance to the approvedguidelines to enhance the credibility of therecruitment process; (c) that the current trainingand sensitization of Managers and ResidentRepresentatives on such HR management issueshad to be intensified; and that SMCC membersshould continue to exercise strong leadership inpromoting strong sense of ethics and complianceto procedures. At the second Committee, theOmbudsman made a joint presentation with theExecutive Secretary of the Administrative Tribunal(TRIB).The main objectives were firstly, to provideinformation on overall trends and outcomes ofcomplaints and cases handled by OMBU andTRIB; secondly, to draw attention to a fewbehavioral patterns and HR practices namelyConduct /Abuse of Authority, Retaliation as well asCareer Development and Job Security observedas sources of conflict and litigation among staff;thirdly, to flag the rising avoidable human andfinancial cost of conflict at the workplace; andfourthly to clarify roles, responsibilities, interactionsand procedures of OMBU and TRIB. We wish toseize this occasion to express much appreciationfor the chance to elaborate on the activities of theOffice to Senior Management, focus its attention

on and obtain its support to sustain solutions tothe systemic problems identified in our reports.

Corporate Services Vice Presidency (CSVP)

The Ombudsman met with Corporate ServicesVice President a few times bilaterally and within thecontext of a quartet arrangement involving OMBU,SCO President, CSVP and Ethics Office (COEO) toresolve pending HR specific cases, policy andprocedural issues as well as plan joint events.Specifically, the discussions dwelt on the revisioncompensation framework, new staff rules, revisedrecruitment manual and revision of staff salaryproposals for 2010 and 2011 as well as thelaunching of the Conflict Transparency Week inTunis and training of RRs in Nairobi and Abidjan.

At the first ever OMBU retreat organized on 9thDecember 2010, an Assistant to the Vice Presidentmade a presentation on “Enhancing dialoguebetween CHRM and Staff members-Highlights ofrevised key HR policies &Guidelines” whichgenerated much interest among participants. Theinteractions with the Vice President and hiscollaborators enabled the Office to keep abreastwith CSVP initiatives in Recruitment Manual, E-Recruitment, Performance Evaluation, E-LearningStrategy, Extension of mandatory retirement age,Revision of Young Professional Program (YPP) andthe Staff Rules, among others.

CHRM

The Ombudsman scheduled fortnightly meetingswith the Director of CHRM throughout the year.These collaborative meetings facilitated resolutionof certain cases, clarified management positionconcerning certain issues and kept theOmbudsman up speed with ongoing strategicreforms within CHRM to enhance the quality of itsservices to staff. The Office participated in 24induction sessions involving a total of 246 newlyrecruited staff as well as two On-boarding eventsin the year. One induction session was specificallytailored for a group of 26 Young Professionals tothe Bank. The Office also co-sponsored and made

presentations at CHRM training seminars for RRsin Nairobi on 17-24 February on the theme“Creating and sustaining a respectful workenvironment in the Bank Field Offices”; and inAbidjan from 29 May to 4 June 2010 on the theme:“One Bank through Decentralization”. In addition,the Office shared the platform with CHRM tolaunch the Conflict Competency Week that tookplace in Tunis from 15 to 19, 2011. The event wasused to initiate revitalization process of the Bankfive (5) core values, namely Excellency,Professionalism, Team spirit, Transparency andIntegrity.

Staff Council Office (SCO) and Ethics Office (COEO)

The collaborative relations between the Office andthe Chairperson of the Staff Council and the Headof the Ethics Office intensified during the year2010. In addition to the quartet meetings involvingthe Corporate Services Vice President cited earlier,there were reciprocal consultations on conflictrelated cases and referrals from these two conflictmanagement partners. The triumvirate alsocoordinated and teamed up with CHRM tosponsor the RRs Capacity Building seminars inNairobi and Abidjan as well as the ConflictTransparency Week in Tunis. At the VPC skillsenhancement sessions that took place in Nairobi,both the SCO President and the Ethics Officerserved as resource persons apprizing VPCS oftheir respective functions and demonstrating howthe collaborative efforts between the three officescould be emulated in the field offices by VPCs andSCO focal points. More specifically, the secondOmbudsman undertook joint problem-solving andoutreach missions with the Ethics Officer to fieldoffices in Ghana on 27th to 28th April, Sierra Leonefrom 21 to 23 April and Ethiopia from 30September to 1 October. It is worth pointing outthat during the CHRM On-Boarding Session, theOmbuds Office and the Ethics Office presented ajoint front while still handling issues from theperspective of respective mandates. The Presidentof the Staff Council also participated actively in theOMBU Annual retreat held on 9th December andtogether with the Ombudsman made a joint


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presentation on the margins of the 2010 SCOAnnual Assembly on how VPCs and SCO focalpoints could work together better. Our conclusionfrom this triumvirate relationship over the year wasthat irrespective of the differences perceived in ourrespective mandates and modus operandi, ourthree offices were able to team up to handle certainstaff concerns and improve work conditions for theentire staff at the Bank.

Staff Appeals Committee(APCU) and the AdministrativeTribunal (TRIB)

The Office enhanced its working relationship withthe two formal conflict resolution mechanisms inthe course of the year through reciprocalconsultations on cases when deemed appropriate.Both the Officer-in-Charge of APCU and theExecutive Secretary of TRIB participated activelyin the OMBU retreat bringing value to thedeliberations. Specifically, the Ombudsman andthe Executive Secretary of TRIB made a jointpresentation, as mentioned earlier, at the SMCCon major components of conflict and litigation andways to minimize the financial and human cost ofconflict in the Bank.

Sensitization and Outreach Activities

Induction & On-boarding

To contribute to a more harmonious, ethical, civiland respectful workplace environment, the Officeinitiated a process of dialoguing with various strataof Bank staff. The conversations dwelt on betterapplication of staff rules, promoting ethicalbehavior and the need to revitalize and uphold thecultural values of the Bank. In this respect, wetook advantage of CHRM Induction and On-Boarding sessions as well as Skills enhancementseminars for RRs in Nairobi and Abidjan tosensitize staff about workplace conflictmanagement, mediation practices, nurturingdignity, respect and accountability as well asinculcating Bank core values.

Generally, the induction sessions were used toalso energize the new staff to contribute positivelytowards sustaining a more progressive and diversefirst class African institution and to impress onthem their duty in upholding the five core values ofExcellence, Professionalism, Integrity, Team Spiritand Transparency. From their various interventionsthe preoccupation/concerns of new staff memberswere on how best to settle in the Bank and pursuecareer ambitions as well as the ability of theOmbudsman Office to observe and balance theprinciples of neutrality and confidentiality in itsrelations. On the whole, the interest and quality ofinterventions of this category of staff were high, amanifestation of positive energy and enthusiasm tocontribute to the success of the Bank. Certainconcerns raised during the On-boarding sessionsin connection with recruitment, conduct of certainstaff in managerial and supervisory positions wereflagged in the reports to top management.

Resident Representative (RR) Seminars

At the Nairobi RR seminar from 17-19 Februarybased on the theme “Creating and sustaining arespectful work environment in the Bank FieldOffices” the Office presented two papers on:“Conflict Management and Resolution” and the“Cost of Unresolved Conflict at the Work Place”.At the other seminar in Abidjan held on 29 May to4 June on the theme: “One Bank throughDecentralization” which was designed to address

Induction and On-boarding

some of the ambiguities in the decentralizationguidelines, the Office made a presentation andexchanged views with Resident Representativeson “Working Better with the Values PromotionChampions (VPCs) in the Field Offices”.

Conflict Transparency Week

As part of the 2010 Work Program of OMBU, theOffice organized in collaboration with the EthicsOffice, CHRM and the Staff Council, a week-longobservation of the Conflict Transparency Weekfrom 15 to 19 March 19 2010. The event, whichwas officially launched on the first day by VicePresident and Chief Operating Officer on behalf ofthe President, was an effort to project a moreconsultative approach to resolving issues of staffconflict in the Bank.

A sensitization session on the Importance of theBank Values also took place on the second dayinvolving selected facilitators, the Chairperson ofthe Facilitators Final Review Committee Mr. GabrielNegatu and Mr. Jean-Francois Vinet, theConsultant who spearheaded the initial corporatevalues exercise. During this session the meaningbehind the five values were clarified as follows: (i)Excellence- quest for continuous improvement ofour skills and business practice; (ii) Team Spirit-work together in creativity and mutual respect; (iii)Integrity- observe highest standards of ethics,

honesty and accountability;(iv) Professionalism-deliver service to clients with utmost expediencyand efficiency; and (v) Transparency-act with clarityequity and objectivity.

On the third day, a joint training course for 21registered participants from the Bank and theWorld Bank Tunis-based office was organized on“Skills Development in Conflict Competencies”.The course was delivered gratis by Mr. CamiloAzcarate, Manager Mediation Services andConflict Resolution System of the World BankGroup within the context of the strategicpartnership existing between the two institutions. Itwas one of the major highlights of the ConflictTransparency week and was graced by the VicePresident of Corporate Services, Mr. KorjeBedoumra who encouraged participants to takeadvantage of the joint process to come up withgood practice in managing conflict. (See Session Efor more details).

The fourth day was reserved as an Open-day forconsultation and enquiry; during which a case oncareer development presented was handled andbrought to closure.

The Conflict Transparency week was officiallyclosed on Friday 19 March 2010 marked by areception cocktail held in the ADB lounge.Speaking on behalf of the President, Mr. KorjeBedoumra, CSVP described the week-longobservation as “another step towards thepromotion of a civic and respectful workplaceenvironment”, making reference to the theme ofthe Resident Representatives seminar in NairobiKenya. He also underscored the fact that thePresident had authorized the association of fieldoffices in the various activities as a testimony ofinterest to build on the Decentralization Programwhilst promoting the notion of One Bank. Finally,he commended the collaborative efforts of CHRM,Ethics, Ombuds and Staff Council in ensuring theConflict Transparency week was a success.

On the whole, the Office considered the ConflictTransparency week as marking an important stepin the collaboration between the Ombuds Office,Ethics Office, CHRM and SCO to successfully dealwith common institutional issues within their


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Conflict Transparency Week with M. Camilo Azcarate

respective purviews. It found that the successfulteam-play among the offices was a good initiativethat ought to be nurtured in order to attainprominence in making the informal recoursemechanism a resource of choice by all staff.

Advocacy cum Problem solving missions

The Office undertook advocacy and outreachmissions to the Ghana Field Office (GHFO) and theSierra Leone Field Office (SLFO) from 21 to 28 April2010; and to the Ethiopia Field Office (ETFO) from30th September to 1st October 2010. Themissions were conducted jointly by the SecondOmbudsman and the Ethics Officer in furtheranceof the collaborative approach between the twoOffices of the informal conflict resolutionmechanism of the Bank. The visits were also usedto resolve looming conflict situations in thoseoffices. During these missions, the SecondOmbudsman made two generic presentations on:“Conflict Competencies and How to manageConflict”; and “the AfDB Conflict ResolutionMechanism”; as well as held closed-door sessionswith staff that had immediate pressing issues.Special sessions were also held with the ResidentRepresentatives on the decentralization processand how the Ombuds could facilitate and enhanceits contribution to ensure success. Thepresentations and exchanges with field office staffwere mutually rewarding. The staff got todifferentiate between perceptions and reality whendealing with situations; distinguish betweenmotivators, indicators and reactions to variouslevels of conflict situations; improve skills onmanaging ethical issues; and acquire practicalunderstanding of team spirit as Bank corporatevalue. In addition some the Field Offices were able

to relay systemic problems such as the Terms andConditions of employment of locally recruited staffand denomination of their salaries in local currency,ways to better integrate staff in Tunis-basedinduction and training sessions affecting staffconditions and need to sustain collaborative effortsby VPCs and SCO focal points. The Office alsoobtained useful suggestions on how the OmbudsOffice could enhance its assistance to field offices.

Other

Finally with the assistance of ERCU and CIMM, theOffice revamped its sites on both the Intranet andthe Internet, bringing them up-to-date on itsactivities.


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Resident Representative Consultation on Decentralization in Abidjan


22

Section D: External Networking


23

Section D: External Networking

International Ombudsman

Association (IOA)

The Office heightened its collaboration with theInternational Ombudsman Association through

continuous alignment of its Standards of Practice tothose of the IOA Code of Ethics and by renewingmembership of the staff team in the Association. TheOffice attended the IOA 5th Annual Conference heldin New Orleans, Louisiana from 7-10 April 2010where they deepened knowledge on the importance

of developing organizational ombudsman programsand their effectiveness with in-house counsel,compliance, HR and management. The Office teamwas also exposed to new tools, methodologies,technology and processes in conflict managementand resolution, most of which are applicable to thecontext of the Bank.

The United Nations and Related

International Organizations

(UNARIO)

The Ombudsman represented the Bank at theNinth Annual Meeting of Ombudsmen andMediators of the United Nations and RelatedInternational Organizations (UNARIO) sponsored bythe UNESCO that took place in Paris from 9-10September 2010. The event covered relevanttopics such as: (i) Using Feedback surveys toimprove delivery of services; (ii) Update onAdministrative Tribunals and the Use of Mediation inthe United Nations; (iii) Field Outreach to Staff awayfrom the Headquarters: (iv) Developing a Web-based Case Management System and Using Webinterface for secure or confidential communication:and (v) Extending the Scope of Mediation: Cultureand Health. The lessons learnt, will no doubtenhance the quality of OMBU and VPC servicesprovided to staff at TRA and field offices.

UNARIO Meeting in UNESCO

IOA/UNARIO Group Meeting in Paris, 9-10 September 2010 Sponsord by UNESCO

The World Bank Group

The Office of the Ombudsman of the World Bankauthorized the Office to use its training materialsprepared for its Respectful Workplace Advisors(RWA) program to be adapted for the use of theBank VPC First-Year training session that tookplace in Nairobi, Kenya in February 2010. In ad-dition, the World Bank Group Mediator, Mr. Ca-

milo Azcatate offered, gratis, a short joint trainingand competence building session on Skills Deve-lopment on Conflict Competencies for registeredmanagers and senior professionals of the Bank.Certain staff from the World Bank Office based inTunis participated in the session. The event tookplace on March 17, 2010 in Tunis and was one ofthe important activities undertaken in observanceof the Conflict Transparency Week.


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???


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Section E: Training and Skills Development

Section E: Training and Skills Development

Ombuds Office Team

As mentioned earlier, the Ombuds Office Teamthat attended the IOA Annual General Assembly

in New Orleans also attended Pre-ConferenceCourses offered on 7th April and received Certificatesof Completion for the following: (a) Change Agent:Ombudsmen’s Contribution to Organizational Value;(b) Talking About Fairness in the Workplace: MakingFairness Explicit in Training, Coaching, and Policy;and (c) Developing your mindset and skill set: Theskilled Facilitator Approach. She also completed acertified IOA course on “Mediation andOmbudsman” at the UNARIO Ninth Annual Meetingdeliberations.

Like most managers and top professionals in theBank, the two Ombudsmen participated in the firsttwo Modules of the CHRM sponsored Leadershipand Management Training Program by CranfieldUniversity School of Management of UK as well asthe one-day course on Media and Communicationsorganized by ERCU with i-intermediaCommunications Training Consultancy Group.

The Office Team held its first ever Annual Retreat onThursday, 9 December at Gammarth in Tunis. Theretreat had three main objectives: firstly, to acquirebetter understanding of: Bank Compensation andBenefits policies on Children Education, MedicalPlan; on-going dialogue between CHRM and Staff;and Staff Immunities and Privileges. It was also aneffort to improve our interpretation and explanationof aspects of these policies to visitors wheneversolicited. We use the occasion also to strengthen theexisting partnership between OMBU and Ethics,SCO, CHRM, TRIB and APCU, our special invitees,in managing staff conflict in the Bank. Interestingpresentations were made by resource persons fromCSVP, CHRM.2, CHRM.3, CHRM.4 and SEGL thatenabled us to clarify misunderstandings in theimplementation of relevant HR and Protocol policiesand guidelines. On the whole it was a very successfulevent that enabled the Office to establish thefoundation and map key activities for the New Year.

Values Promotion Champions

The First Year Training for the Values PromotionChampions (VPCs) took place in Nairobi, Kenyaon 21-24 February. The training program was

designed based on acquired experiences andchallenges faced by VPCs during their initial yearof practice. The objectives were to:

• Provide them with an update on thedevelopments in the VPC program andexplore with them how to address thechallenges they faced

• Share good/best practices in performing theVPC role among peers;

• Widen their knowledge of the functions ofother recourse systems in-house to enablethem make appropriate referrals;

• Deepen their conflict resolution skills;

• Sharpen the VPC awareness andunderstanding of ccurrent institutional policiesand practices related to respectful workplacebehaviour;

• Encourage them to partner more effectivelywith other resources e.g. SCO focal pointsand Ethics Office; and

• Provide an update on new policies, practicesand procedures that would affect theirfunction as VPCs.

The training material was an adaptation from WorldBank Respectful Workplace Advisors (RWA)equivalent to our VPCs with its authorization andused within the context of the institutional strategicpartnership arrangement with the Bank. Thetraining session was delivered mainly by Mr. FredTemple, former World Bank Director andOmbudsman and Antonio Augusto Cuesta deQueiroga, former United Nations Staff Counselor.The following Bank presentations also formed anintegral part of the learning exercise for the VPCs:


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VPC First-Year training session


27

• Current Developments in the Bank that impacton the VPC Program, Institutional Resources forProblem Solving and Referrals by the VPC, andon the Action Plan 2010-2012 by the OmbudsOffice;

• ADB Policies/Procedures Regarding Respectfuland Ethical Behavior by the Ethics Office;

• Collaborative effort of CHRM, Ombuds, Ethicsand SCO by President SCO and

• ADB Policies and Procedures RegardingCompensation and other HR Issues by CHRM.

The three-day intense learning event was in acombined form of presentations, tutorials,discussions on concrete cases, and role playing. Onthe basis of their interactions and lessons learnt afterthe sessions, the VPCs came up with ten actionpoints mentioned earlier to improve their contributionto conflict management and promoting a more civiland respectful atmosphere in the field offices.

Managers and Resident Representatives

The main training program offered to managerial staffin Tunis was the competence building session onSkills Development on Conflict Competencies,offered by Mr. Camilo Azcarate in Tunis on 17 March.The course benefitted about 20 staff in managerial,lead and chief positions. This course dwelt on: Whatconflict is; Why it happens; How to respond to it; andWhat skills are required to handle it. Thepresentations, which included the use of casestudies, video stimulants and slides, generated a lotof interest and numerous questions on angermanagement, the primary cause for anger andlearning to deal with it. The session received a veryhigh rating from participants who indicated theyacquired the following skills from the course:

• A much clearer understanding on perceptionsas opposed to reality’

• The different reaction to conflict or potentiallyconflict situation

• The motivators, indicators and reactions toconflict

• Ways to improve on managing conflict

• Practical understanding of why skills arerequired to manage conflict.

Specifically for RRs, two training sessions wereorganized within the context of the CHRM sponsoredseminars in Nairobi and Abidjan as mentioned earlier.The Nairobi session took place on16th to 29thFebruary 2010 and was organized throughcollaborative efforts from CHRM.3, Offices ofOmbudsman, Ethics and Staff Council; with a view toenhance people management skills in the FieldOffices. The objectives were, among others, to:

• Enhance formal and informal conflictmanagement skills; and strengthen conflictcompetency skills in the respective field offices.

• Equip the RRs with the skills to create anenabling internal and respectful environment forcivil interactions within the field offices; and

• Deepen the knowledge of RRs on Bank’sadministrative rules and procedures, StaffManagement and Corporate Values.

The Office presented two papers on: “ConflictManagement and Resolution”; and the “Cost ofUnresolved Conflict at the Work Place”. Themessages in the two presentations were basically tocaution RRs about the behavioral patterns observedthat had been the source of conflict and deteriorationof the work environment. It also sensitized themabout the availability of the staff recourse systems,particularly, the services of the Ombudsman and thatof the VPCs to assist them in resolving such conflicts;their responsibility in conflict management at theworkplace; and the avoidably higher human andfinancial cost of conflict in a mixed culturalorganization such as the Bank.

Joint RRs/VPC Consultation with CSVP in Nairobi

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Section F: Trend Reports & Systemic Issues for Upward Feedback


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Section F: Trend Reports & Systemic Issues for Upward Feedback

On Conduct and Abuse of Authority, weheard of: (a) victimization of and sometimes

ganging up especially from longer serving staffagainst new-comers; (b) observation of a cultureof silence regarding systemic problems andweaknesses combined with a perceived careerdevelopment system that tended to rewardcompliance and conformity in order to advance;(d) sometimes inconsistent interpretation orapplication of Bank rules and policies by certainmanagers; (e) concerns of retaliation bysupervisors whereby staff have beenreprimanded for ‘reporting to’ or spending toomuch time out from their work stations in visits tothe Office of the Ombudsman; (f) limited humanresource management skills of certain managers;(g) attitude - termed “arrogance” of certainResident Representatives when dealing with theirstaff; and (h) perceived divide or differentiatedtreatment between Tunis-based staff and fieldoffice; in field offices between local andinternational staff, all of which were contrary tothe Bank effort to promote a “One Bank” conceptamong all staff.

Solution

It is important to note that in our interaction withthe staff that brought these issues to attention,we had encouraged them to adopt a morepositive listening mode to Bank achievementsand accomplishments and urged them tocontribute towards finding solutions to theperceived lacunae in the system. We oftenencouraged them to challenge the system,suggest ways for improvements rather than fallvictim and be part of the silent culture. We alsoreferred them to the various Bank rules, policiesand guidelines that discourage retaliation, bullyingand harassment.

It is also no secret that, as an institution we areconfronted with an enormous challenge ofchanging the negative mindset of certain groupof staff who easily create prejudice in newlyrecruited staff even before they benefit, commitand contribute to a working experience in theBank. In OMBU, we commit to doubling our

Fig.9: below illustrates the trends of the caseloads categories over the past five years.

efforts in tackling this issue in partnership withCHRM, SCO and Ethics Office. In this respect,we viewed the seminar targeted at SectorManagers, Regional Directors and ResidentRepresentatives at the margins of the AnnualMeetings in Abidjan on the theme: “One Bankthrough Decentralization” as most appropriate.Many more of such targeted learning events inthe medium to longer term would sustain theongoing institutional reforms and the culturechange we aspire for in the Bank.

On Recruitment, Career Development andJob Security, there were perceptions ofinstances where specific and identified staffswere earmarked for positions ‘open’ tocompetition through advertisement. Thusalthough the formal selection process appearedto be observed, the fact that certain “interestedmanagers” insisted on having certain un-short-listed staff to interview rendered competitiverecruitment exercise opaque and futile.

Solution

Our sentiment was that to save time for all partiesconcerned perhaps the route of promotion befavored where a staff has been identified to fill aposition and the more tedious route of theregulations be employed when the Bank wasseeking for a competitive selection process. Inthis respect, our view is that the revisedRecruitment Manual has now provided clearerstructure accountabilities and guidelines for therecruitment process and would gain credibility ifadhered to strictly. It is also important to knowthat CHRM, the custodian of the recruitmentprocess, has recently empowered its staff toensure strict compliance to the approvedguidelines to enhance the credibility of therecruitment process. The new criteria set for insitu promotion also makes room for avoidingsome of the inconsistencies in the careerdevelopment opportunities for staff.

On Compensation and Benefits, someanomaly in the implementation of the recentlyapproved 6% salary increase policy was reported

concerning strict application of the effective dateof 31 December 2009 in compliance with BoardResolution B/BD/2010/2 adopted on 30th June2010. The argument was that staff who hadreceived merited promotion effective 01/01/2010following interviews resulting in say 5% salaryincrease were penalized because that increasewas either wiped out or superseded by the 6%salary increase emanating from the PerformanceEvaluation exercise leaving them with a netincrease of 1% or less. These issues wereresolved eventually on case by case basis inconsultation with CHRM.

A complaint was also launched by a group of STSconverted staff that relocated from Abidjan to Tunisin relation to benefits accruing from the pensionplan. In 2010 some had aggregated an average ofnine (9) years of service within the Bank. Yetbecause prior to their conversion they wereineligible to contribute to the pension scheme hadaccumulated barely enough funds when due forretirement to meet their livelihood and even toobtain the Bank medical coverage. This issuealthough had no legal foundation, was thoroughlyexamined by SCO, Ethics Office, GECL, CSVP,CHRM, PRST to find appropriate solution, even oncompassionate grounds, that would not createprecedence for similar group circumstances. Inthe end, the issue was resolved on case by casearrangements made with concerned staff.

Petitions for Revision of Salary Scale, JobClassification and Grading System by locallyrecruited staff of certain field offices were alsoreceived. The staff members had considered theirwelfare and morale diminishing as a result of thedenomination of their salaries in local currencyinstead of UA. In certain cases with the localcurrency undergoing a series of devaluationepisodes, the exchange rate to the dollar doublingcombined with the high inflation rate in the country,the staff found their purchasing power rapidlydwindling. The crux of their argument was that inthe 2010 Bank revision of per diem rates, the highinflation rates were recognized when the rates forthose countries were substantially increased yetparadoxically under the new salary scale effective


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31

July 2010, the locally recruited staff of thosecountries were placed in the lowest tier. In a fieldoffice like ETFO it was argued further that thecategorization of certain job positions such asGeneral Services instead of professional positionsas pertains in Addis-based comparator institutionssuch as the World Bank and UNDP, rendered thenew job classification and grading system a majorsource of demoralization for locally recruited staff.

Complaints were also received from locallyrecruited GS category of staff of non-Tunisianorigin who in the absence of Bank installationallowances had incurred heavy financial burdenfrom travel and hotel accommodation onassumption of duty. Although there are no legalunderpinnings in such complaints because the jobvacancy notices are all clear about this, theargument underlying this policy that comparatorinstitutions do not offer such benefits isquestioned. This is because unlike somecomparator institutions, the Bank has a corporatekey performance indicator (KPI) on geographicdiversity to deliver on even when it comes to localstaff of the GS category.

Solution

All these compensation and benefits issuesbrought to the attention of management andaspects of the cases on salary increases and theSTS converted staff resolved on case by casebasis in consultation with CHRM. It is therefore notsurprising that the Board has called for thecommissioning of two separate studies by CHRMon the Development of a New AfDB TotalCompensation Framework for locally andInternationally Recruited Staff”. We expect thatthese studies will, among others, proposesolutions to the types of issues raised in thissection of the Annual Report.

On Performance Evaluation, Managementattention was brought to increasingly divided viewsbetween Sector Managers/Directors, RegionalDirectors and Resident Representatives on projectresponsibility, accountability, performance

evaluation of field office staff as a perpetual sourceof conflict.

Solution

The issue was partially discussed by ORVP VicePresident Aloysius Ordu with resident representativesduring the Nairobi seminar on decentralization andwas identified as one of the key topics for the ORVPcomplex-wide retreat during the latter part of the year.The retreat, which was to involve sector managersfrom other complexes, was expected inter-alia, toclarify the ground rules under the dual reportingsystem and minimize conflicts arising from staffperformance evaluation of those in the field offices.

Another complaint brought to attention irrespectiveof the improvements introduced by the onlineperformance evaluation system (OnCore) and theMulti-rater Assessments was that certain managersstill failed in their duty to agree with staff on clear workplans, definition of performance objectives withmeasurable deliverables, provide necessaryguidance, feedback and coaching to staff during theperformance evaluation process. This impliedinsufficient dialogue between manager and staff inspite of prompting from the system. At times, stageswere jumped with objectives being evaluated andgraded when they were merely expected to beagreed upon in terms of weights and theaccompanying deliverables. Perceived biases in theconduct of certain Management Committee Reviewson performance evaluation and inappropriateManagement feedback relayed to staff were alsoreported. This was to the extent that in certain casesstaff was ready to pursue their cases not only to theStaff Appeals Committee but all the way to theAdministrative Tribunal.

In this respect, we found the CHRM refresher trainingsessions on the OnCore system for managers andsupervisors very appropriate and useful in addressingsome of the identified mishaps in the staffperformance evaluation process. Those sessionsshould therefore be continued and made mandatoryfor all managerial staff in view of the relatively lowattendance rates of some of the sessions.

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Conclusions and the Way Forward


33

Conclusions and the Way Forward

In our Annual Report last year, we had citedcreating awareness and enhanced use of the

services offered by the Office as the driving forcebehind our 2010 Work Plan and beyond. Judgingfrom the performance of our activities described inthe preceding sections of the report, we wish toconclude that we did make some strides towardsattaining that objective. Our efforts to reach out tonew staff through the induction program, to fieldoffice staff through the VPC initiative, skillsenhancement seminars with RRs and JointProblem-Solving cum Sensitization mission withEthics Office and staff at large through thelaunching of the Conflict Transparency Week didbear some fruits. Perhaps this helps to explain the5 percent increase in the number of caseloadshandled this year. It also gives meaning to theincreased diversity observed in the profile of visitorsin terms of gender, organizational complex, gradeand geographic origin. However, we would readilyadmit that there is ample room for improving ourefforts in order to have a more visible and lastingimpact at the workplace.

In our quest to improve the cultural and workingenvironment of our Bank, the importance of mutualresponsibility and accountability cannot be over-emphasized neither can the long term process ofthe whole exercise be down-played. To build ahigh trust organization as emphasized inOMBU/VPC Newsletter 7th Edition dated October2010, which builds energy, improve excitement,generate passion, creativity, joy in relationship,enhance communication, collaboration, strategy,partnerships of its staff as the bedrock of itscurrent and future successes and achievements isan enormous task. It would require extra effort fromall of us to harness the positive energy ingrained inus to make an impact.

For our work program for 2011 and onwards, wehope to draw inspiration from the revelation fromthe 2010 Staff Survey that although 90% or moreof respondents felt committed to Bank successand felt possessing the know-how to help theBank achieve its mandate, 63% of them wereparadoxically reluctant to reveal any problems orerrors to management due to fear, lack ofopenness and trust.

Thus as an early warning agent, that provideunfiltered and independent feedback toManagement to enable it provide timely preventiveor corrective measures that forestall unnecessaryadversarial recourses and help to improveworkplace environment, we face the challenge toalter this mind set. We plan therefore to continueto: (a) enhance the quality of conciliation andmediation services; (b) intensify advocacy andoutreach practices; (c) Training and SkillsDevelopment;(d) External Networking; (e) Enhancecollaboration with other Offices of the InternalRecourse System.

Improved Conciliation and Mediation ServicesServices

During the course of the year, the Office hadintroduced a Visitor Exit survey (See Annex) whichenabled us gauge visitor satisfaction with respectto Knowledge and Access to our Services; theServices rendered by the Ombudsman andSupport Staff in terms of show of courtesy andrespect, comfort, clarifying the function of theOmbudsman and its guiding principles, time fordiscussion, understanding of issues and concerns,impartiality of views, show of empathy, andassistance to arrive at options most comfortablewith the visitor. These practices will be continued infuture and improvements will be made particularlywith respect to follow up / monitoringimplementation of issues brought to our attentionby staff (parties) and bringing about at least 95% ofall matters to closure by the end of the year withinan average duration of 4 four-week per- case.These two parameters are now considered byCOBS as Institutional Key Performance Indicators(KPIs) for OMBU in 2011.

Training and SkillsDevelopment

Specifically for the field offices, we shall prepare

training materials and organize an induction

session for all the newly elected VPCs and

Resident Representatives during the first Quarter

as part of OMBU contribution to the Bank

decentralization effort. For the rest of Bank staff

and managers we plan to organize skills

enhancement sessions on conflict management,

anger management, building high trust and

respectful work environment etc. in the course of

the year.

Intensification of Advocacy and Outreach Practices

We plan to use the CHRM Induction and On

Boarding sessions to reach out to newly recruited

staff, departmental retreats and meetings to raise

awareness of longer-term serving staff as well as

CHRM side meetings with RRs during the Annual

General Assembly to sensitize staff about conflict

management issues and opportunities offered by

OMBU and its VPCs. In addition, we envisage the

observance of another Conflict Transparency

Week during the second half of the year. Joint

OMBU/ Ethics Office missions to selected field

offices will also be mounted to solve problems and

bolster the role of the VPCs. In addition, we shall

continue updating and enriching our intranet and

internet sites; publication and dissemination of the

Quarterly VPC/OMBU in-house Newsletter which

will now be bi-lingual with pieces published in the

language of the author.

Enhanced Collaboration with other Internal JusticeSystem

The first ever OMBU retreat which took place in

Tunis on 9 December 2010 enabled us to solidify

our existing partnerships bilaterally and severally

with the Ethics Office, Staff Council (SCO), the

Administrative Tribunal and the Secretariat of the

Staff Appeals Committee.

It also enabled our Offices to fine-tune the following

underpinnings of our future collaboration: (i)

exchange of information on conflict management

and staff recourse system on certain cases, in

order to reduce the duration for handling cases

and minimizing associated costs to the Bank; (ii)

teaming up to ensure staff have better

understanding of the respective roles of each

Office;(iii) make referrals among Offices; (iv) build

synergy in harmonizing communications and

ensuring quick reactions to general staff issues; (vi)

build trust between employee and employer

following litigation or conflict situations; and (vii)

providing the necessary feedback and support to

CHRM the custodian of all HR policies, rules and

procedures in the Bank.

External Networking

In accordance with its standards of practice, the

OMBU team including its support staff would

continue to keep professionally up-to-date and

competent by pursuing relevant education and

training as offered through the established

networks with the IOA and other institutions.


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35

Annexes

The Office Team of the Ombudsman

Mrs. Mercy Okotie-Ndubuisi, Assistant;

Mr. Alisand Singogo, Second Ombudsman; Mrs. Amabel Orraca-Ndiaye,

The Ombudsman, Ms. N.Y. Marfo, Admin. Assistant

Contact:

Office Location: ATR, 2nd Floor – Offices 234-237Phone numbers: 7110 2114; 71102141; 7110 2944; 7110 3091. Fax: (+216)-71831552Dedicated E-mail address: [email protected]


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Annex IRule 103.00

Ombudsperson

(a) There shall be an Ombudsperson in the Bank

appointed by the President, whose function shall

be to facilitate conflict resolution, using mediation

and conciliation or other appropriate means for the

primary objective of settling grievances on employ-

ment matters between a staff member and the

Bank. The Ombudsperson shall also be responsi-

ble for advising and recommending to Manage-

ment solutions to shortcomings in employment

policies, procedures and practices.

(b) The duties of the Ombudsperson shall be asfollows:

(i) To consider employment related grievances ofa staff member. "Grievance" is to be construedin a broad sense and includes matters pertai-ning to the administration of benefits as wellas professional concerns and staff relations.

(ii) To provide informal assistance with grievanceswhen consulted before they get to the StaffAppeals Committee or in circumstanceswhere the Staff Appeals Committee decides,with the agreement of the parties, to delay itsproceedings pending an effort at informal re-solution by the Ombudsperson.

(iii) To prepare and submit reports on commentsand recommendations on any shortcomingsidentified in employment policies, proceduresand practices in the Bank. Such reports shallbe submitted to Management and to the res-ponsible Organizational Unit, provided thatthey shall have no binding effect.

(iv) To provide advice on any personnel matter orissue referred by Management.

(v) At the request of Management, to participatein the elaboration of Bank personnel rule regu-lations, policies or practices.

(vi) To publish an annual report on the activities ofhis/her office.

(c) The Ombudsperson shall report directlyto the President and shall be independentof any Department or staff member.When required, the Ombudsperson shall

have direct access to the President of theBank.

(d) In the discharge of his/her functions, theOmbudsperson may deal directly with allHeads of Departments and other supervi-sors as well as with all categories of staffmembers at the Headquarters and in theField Offices, and shall:

(i) have the freedom to discuss and consult withall levels of staff including the Staff Council;

(ii) have access to any staff record, which he/shebelieves to be relevant;

(iii) respect and ensure the confidentiality of all in-formation and documentation made availableto him/her;

(iv) maintain appropriate confidential records of allgrievances and other mattershandled byhim/her in the discharge of his/her duties; and

(v) exercise independent and objective judgmentin evaluating the grievance. In doing so, theOmbudsperson shall take into account therights and obligations existing between theBank and the staff member and the equities ofthe situation.

(e) The Ombudsperson shall review docu-ments and files, including the personnelrecords of a staff member and collectwhatever information he/she deems rele-vant to the grievance and to the dis-charge of his/her functions.

(f) The Ombudsperson shall supplementand co-operate with in the mechanismsset in place by the Bank to improve theworking conditions as well as the qualityof human and professional relationshipsat all levels in the Bank.

(g) Heads of Departments, other supervisorsand all staff members shall co-operatewith the Ombudsperson and shall utilizehis/her services to the fullest extent pos-sible with the sole aim of maintaining andenhancing a healthy working environmentfor the common benefit of the Bank andstaff members.

(h) The Ombudsperson may make sugges-tions or recommendations, as appro-priate, on actions needed to settle thegrievance. However, the suggestions or

the recommendations, as the case maybe, are not binding and final decision the-reon is the prerogative of the person towhom they are addressed.

(i) The Ombudsperson may decline, athis/her discretion, to consider grievances

that may be remedied only by action af-fecting the staff member at large or all themembers of a category of staff, or thatthe Ombudsperson considers have notbeen brought to his/her attention in a ti-mely manner.


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Preamble

The post of Ombudsman was first established in1992 as part of the efforts by Management to im-prove the working conditions as well as the qualityof human and professional relationships at all le-vels in the Bank. The post supplements the variousother mechanisms already in place, such as theStaff Council, the Disciplinary Committee, the StaffAppeals Committee and later, the AdministrativeTribunal.

The Ombudsman is a designated neutral and im-partial dispute resolution practitioner; his majorfunction is to provide independent, confidential andinformal assistance to all staff on grievances andcomplaints related to human resources and workplace issues.

The office will facilitate conflict resolution betweenstaff members and Management through the useof mediation and conciliation or other appropriatemeans.

Authority of the Ombudsman

The Ombudsman has no formal decision makingpowers, but will advise and make recommenda-tions to the President and other affected Managersor staff.

In exercising his duties, the Ombudsman will be in-dependent of any official, department, office orother organizational unit of the Bank.

The Ombudsman shall have the right, on any mat-ter pertaining to the exercise of his duties, to directaccess to any staff member and management ofthe Bank All staff members are expected to coope-rate with the Ombudsman and to make availableall information pertinent to matters he is reviewing;he shall therefore, have access to all records rele-vant to the exercise of his duties.

Duties of the Ombudsman

The principal duties and activities of the Ombuds-man shall include:

1. Provide staff with consultations and adviceon issues or problems affecting professionalmatters or employment conditions in theBank. These include, but are not limited to,working conditions, job content, relationshipwith other staff/supervisors, performanceevaluation, salary review, career develop-ment, benefits administration, harassmentand professional ethics; he may decline at hisown discretion, to consider grievances thatcan be remedied only by action affecting thestaff at large or all members of a category ofstaff, or that the Ombudsman considers havenot been brought to his attention in a timelymanner;

2. Assist in identifying solutions or options to re-solve specific issues in an impartial and equi-table manner through discussions andconsultations with all levels of staff, and haveaccess to any staff record or relevant Bankdocuments or records;

3. Prepare and submit to Senior Managementand the responsible or affected organizationalunits, reports containing comments and re-commendations on any shortcomings identi-fied in human resource policies, proceduresand practices in the Bank;

4. Provide on-going education and communica-tion about the office’s role to all potential in-quirers as well as to the Senior Managementof the Bank;

5. Prepare an annual report of the types of mat-ters handled and results achieved or accom-plishments made during the preceding year.The report shall describe in general terms theissues dealt with and the outcome of the Om-budsman’s intervention. It shall be available tostaff and Management upon publication.

Confidentiality

The Ombudsman shall ensure the strict confiden-tiality of all information and documentation madeavailable to him and maintain appropriate confi-dential records of all complaints and other mattershandled by him in the discharge of his duties.

Annex IITerms of Reference of the Ombudsman(Extracted from CMVP circular dated 8 July 2004 on the TOR of the Ombudsman)


38

However, the ombudsman may disclose informa-tion if the person seeking assistance consents todisclosure for the purpose of the performance ofthe duties of the Ombudsman. He may also, at hissole discretion, break confidentiality where thereappears to be imminent threat of serious harm.

Reporting relationships

The Ombudsman reports to the President and heis independent of any official or organ of the Bank. He shall, in the discharge of his functions, also dealdirectly with the Vice President for Corporate Ma-nagement.

Heads of Organizational Units, other supervisorsand all staff members are accordingly invited andencouraged to cooperate with the Ombudsmanand to utilize his services to the fullest extent pos-sible with the sole aim of maintaining and enhan-cing a healthy working environment for theattainment of the Bank’s objectives.

Cc.: The President Executive Directors Vice PresidentsHeads of Organizational Units


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Annex IIIA Values Promotion Champions (VPC)

Terms of Reference

The African Development Bank values its humanresources as its most important asset. In acknow-ledgement of that fact, the Bank has been very ac-tive in fostering policies and programs aimed atensuring that respect for staff dignity prevail in theworkplace and that the working environment iswholesome. It has therefore adopted policies andpractices with the fundamental purpose of guaran-teeing a respectful, harassment- and intimidation-free environment. It thus strives to ensure thatprompt and serious attention is accorded to anyform of grievance or complaint that suggest dis-respect for staff dignity. In furtherance of these po-licies, the Bank has set up several formal andinformal channels of recourse to enable personswith such complaints to register them and seekadvice and assistance. These channels includeManagement Review, Human Resources Depart-ment, the Staff Council, Office of the Ombudsman,the Values Promotion Champions (VPCs) Program,Ethics Office and the Administrative Tribunal. TheVPCs are selected by the staff members in the res-pective field offices and the VPC program is mana-ged by the Office of the Ombudsman.

Main Responsibilities of the VPCs.

• Serve as a confidential and safe place wherecolleagues can go for support and informa-tion.

• Direct colleagues to appropriate channels inthe Bank’s Internal Justice System.

• Serve as a sounding board• Periodically sensitize staff in their respective

offices on Bank Ethics and Values as well asbrief new staff on their VPC role.

• Hold periodic meetings with the Field OfficeRepresentatives to discuss trends and gene-ral atmosphere in the office without divulgingnames or information on specific cases.

• Send quarterly and confidential logs to the Of-fice of the Ombudsman on the types of issuesbrought to them in a generic and protectedway, divulging no names or information that

would lead to the identification of a staff mem-ber, in order to strictly secure confidentiality.

The VPCs are not expected to directly intervene inmediation, resolution or investigation.They should, at all times and in all circumstances;

• Maintain the highest levels of personal inte-grity

• Show the example by respecting the rightsand dignity of their colleagues

• Keep discussions with colleagues absolutelyconfidential, even in discussion with otherVPCs.

After their appointment, all VPC’s must undergotraining before they begin to serve in that role. Inorder to avoid conflict of interest, staff performingmanagerial or HR responsibilities and Staff Coun-cil Officers will not be eligible for appointment asVPCs. All changes in status, grade, responsibility,or work location of a serving VPC must be repor-ted promptly to the Program Administration.

Knowledge Requirements:

VPCs will be expected;• to be comprehensively familiar with Bank

Group policies, Ethical values and expecta-tions, and Procedures.

• to have an understanding of the dynamics ofa culturally diverse environment and work-place problems.

• to be conversant with the workings and ser-vices of the Bank’s recourse channels.

• to be able perform basic advisory functionssuch as skilled listening and emotion mana-gement for constructive action.

• to have a very clear understanding of theirroles as VPC’s , which include how to handleand respond to workplace problems, and howto refer colleagues to appropriate channels el-sewhere in the Bank.

Selection Process

Firstly, the Resident Representative or the Office-ring Charge of the field office sensitizes the staffabout the importance of the role of the VPC at the


40

workplace, the upcoming selection exercise, andadvises staff to nominate in a confidential manner,individuals whom they most respect and trust torepresent them as a VPC. The Resident Represen-tative and members of the administrative and ma-nagement team are not eligible for nomination.Secondly, the Resident Representative communi-cates information about the most-nominated can-didate to the Office of the Ombudsman in Tunis.Thirdly, the Ombudsman consults with the SCOChair, the Ethics Officer and the Manager of theAnti-Corruption and Fraud Division of OAGL to va-lidate or vet the nomination and then confirms withthe selected staff his/her willingness to serve asVPC. The selection process is considered com-

plete as soon as confirmation is received from theselected staff member and he/she has provided aphoto identity and a short biography to the Officeof the Ombudsman.

Tenure of the VPC

The Term of Office of the VPC shall be two (2) yearsrenewable only once for a further two (2) years.However, for the pioneering VPC’s, (2009) the firstterm shall run for three (3) years to assist consoli-date the program. They shall thereafter be eligiblefor re-nomination for one more term only for two(2) years.


41

Annex IVvalues champions promotion list


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NAME FIELD OFFICE

1. Sheku Sessay Sierra Leone SLFO

2. Vaïdjoua Guinéo Tchad TDFO

3. Jean-Louis Moubamba Gabon GAFO

4. Mohammed Abudllahi Nigeria NGFO

5. Mr. Ngwira, Delight Malawi MWFO


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NAME FIELD OFFICE

6. Zimulinda, Angélique Mihigo Rwanda RWFO

7. Daniel Isooba, Uganda UGFO

8. Randriatsiferana, Simon Madagascar MGFO

9. Tounkara Samba, Bocary Cameroon CMFO

10. Ouédraogo Chrystologue Pierre Burkina Faso BFFO

11. Cissé Ali Mali MLFO


44

NAME FIELD OFFICE

12. Sobhi Amira Saleh Egypt EGFO

13. Natan Jere Zambia ZMFO

14. Brighton Kishebuka Tanzania TZFO

15. Hailemariam Hailemeskel Ethiopia ETFO

16. El Ouahabi, Mohamed Morocco MAFO

17. Amissah-Arthur, Efua Ghana GHFO


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NAME FIELD OFFICE

18. Mr. Ibrahim Mohamed Sudan SDFO

19. Anatole Désiré Bizongo D.R. Congo CDFO

20. Traoré Rokhaya Sénégal SNFO

21. Farma Diabaté Côte d’Ivoire ROSA

22. Odero Walter Owuor Kenya KEFO

23. João Mabombo Mozambique MZFO


46

NAME FIELD OFFICE

24. Nelvina Alzira Delgado Barreto GomesAngola

AOFO

25. Ramakau Sello South Africa ZAFO

26. Benchouk-Issaad Saida,Algeria

DZFO

Annex VIOA Standards of Practice and IOA Code of Ethics

IOA Standards of Practice

Preamble

The IOA Standards of Practice are based uponand derived from the ethical principles stated in theIOA Code of Ethics.

Each Ombuds office should have an organizationalCharter or Terms of Reference, approved by seniormanagement, articulating the principles of the Om-buds function in that organization and their consis-tency with the IOA Standards of Practice.

Standards of Practice

Independence

1.1 The Ombuds Office and the Ombuds are in-dependent from other organizational entities.

1.2 The Ombuds holds no other position withinthe organization which might Compromise inde-pendence.

1.3 The Ombuds exercises sole discretion overwhether or how to act regarding an individual’sconcern, a trend or concerns of multiple individualsover time. The Ombuds may also initiate action ona concern identified through the Ombuds’ directobservation.

1.4 The Ombuds has access to all informationand all individuals in the organization, as permittedby law.

1.5 The Ombuds has authority to select Om-buds Office staff and manage Ombuds Office bud-get and operations.

Neutrality and Impartiality

2.1 The Ombuds is neutral, impartial, and una-ligned.

2.2 The Ombuds strives for impartiality, fairnessand objectivity in the treatment of people and theconsideration of issues. The Ombuds advocatesfor fair and equitably administered processes and

does not advocate on behalf of any individual wi-thin the organization.

2.3 The Ombuds is a designated neutral repor-ting to the highest possible level of the organizationand operating independent of ordinary line andstaff structures. The Ombuds should not report tonor be structurally affiliated with any compliancefunction of the organization.

2.4 The Ombuds serves in no additional role wi-thin the organization which would compromise theOmbuds’ neutrality. The Ombuds should not bealigned with any formal or informal associations wi-thin the organization in a way that might create ac-tual or perceived conflicts of interest for theOmbuds. The Ombuds should have no personalinterest or stake in, and incur no gain or loss from,the outcome of an issue.

2.5 The Ombuds has a responsibility to consi-der the legitimate concerns and interests of all in-dividuals affected by the matter underconsideration.

2.6 The Ombuds helps develop a range of res-ponsible options to resolve problems and facilitatediscussion to identify the best options.

Confidentiality

3.1 The Ombuds holds all communicationswith those seeking assistance in strict confi-dence and takes all reasonable steps to safe-guard confidentiality, including the following: TheOmbuds does not disclose confidential commu-nications unless given permission to do so in thecourse of informal discussions with the Ombuds,and even then at the sole discretion of the Om-buds; the Ombuds does not reveal, and mustnot be required to reveal, the identity of any indi-vidual contacting the Ombuds Office, nor doesthe Ombuds reveal information provided in confi-dence that could lead to the identification of anyindividual contacting the Ombuds Office, withoutthat individual’s express permission; the Ombudstakes specific action related to an individual’sissue only with the individual’s express permis-sion and only to the extent permitted, unlesssuch action can be taken in a way that safe-


47

guards the identity of the individual contactingthe Ombuds Office. The only exception to thisprivilege of confidentiality is where there appearsto be imminent risk of serious harm, and wherethere is no other reasonable option. Whether thisrisk exists is a determination to be made by theOmbuds.

3.2 Communications between the Ombudsand others (made while the Ombuds is servingin that capacity) are considered privileged. Theprivilege belongs to the Ombuds and the Om-buds Office, rather than to any party to an issue.Others cannot waive this privilege.

3.3 The Ombuds does not testify in any for-mal process inside the organization and resiststestifying in any formal process outside of the or-ganization, even if given permission or reques-ted to do so.

3.4 If the Ombuds pursues an issue systemi-cally (e.g., provides feedback on trends, issues,policies and practices) the Ombuds does so in away that safeguards the identity of individuals.

3.5 The Ombuds keeps no records containingidentifying information on behalf of the organiza-tion.

3.6 The Ombuds maintains information (e.g.,notes, phone messages, appointment calendars)in a secure location and manner, protected frominspection by others (including management),and has a consistent and standard practice forthe destruction of such information.

3.7 The Ombuds prepares any data and/or re-ports in a manner that protects confidentiality.

3.8 Communications made to the Ombudsare not notice to the organization. The Ombudsneither acts as agent for, nor accepts notice onbehalf of, the organization. However, the Om-buds may refer individuals to the appropriateplace where formal notice can be made.

Informality and Other Standards

4.1 The Ombuds functions on an informal basisby such means as: listening, providing and recei-ving information, identifying and reframing issues,developing a range of responsible options, and –with permission and at Ombuds discretion – en-gaging in informal third-party intervention. Whenpossible, the Ombuds helps people develop newways to solve problems themselves.

4.2 The Ombuds as an informal and off-the-re-cord resource pursues resolution of concerns andlooks into procedural irregularities and/or broadersystemic problems when appropriate.

4.3 The Ombuds does not make binding deci-sions, mandate policies, or formally adjudicate is-sues for the organization.

4.4 The Ombuds supplements, but does not re-place, any formal channels. Use of the OmbudsOffice is voluntary, and is not a required step in anygrievance process or organizational policy.

4.5 The Ombuds does not participate in any for-mal investigative or adjudicative procedures. For-mal investigations should be conducted by others.When a formal investigation is requested, the Om-buds refers individuals to the appropriate offices orindividual.

4.6 The Ombuds identifies trends, issues andconcerns about policies and procedures, includingpotential future issues and concerns, without brea-ching confidentiality or anonymity, and provides re-commendations for responsibly addressing them.

4.7 The Ombuds acts in accordance with theIOA Code of Ethics and Standards of Practice,keeps professionally current by pursuing conti-nuing education, and provides opportunities forstaff to pursue professional training.

4.8 The Ombuds endeavors to be worthy of thetrust placed in the Ombuds Office.


48

IOA Code of Ethics

Preamble

The IOA is dedicated to excellence in the practiceof Ombuds work. The IOA Code of Ethics providesa common set of professional ethical principles towhich members adhere in their organizational Om-buds practice.

Based on the traditions and values of Ombudspractice, the Code of Ethics reflects a commitmentto promote ethical conduct in the performance ofthe Ombuds role and to maintain the integrity ofthe Ombuds profession.

The Ombuds shall be truthful and act with integrity,shall foster respect for all members of the organi-zations they serve, and shall promote proceduralfairness in the content and administration of thoseorganizations’ practices, processes, and policies.

Ethical Principles

Independence

The Ombuds is independent in structure, function,and appearance to the highest degree possible wi-thin the organization.

Neutrality and Impartiality

The Ombuds, as a designated neutral, remainsunaligned and impartial. The Ombuds does not en-gage in any situatio n which could create a conflictof interest.

Confidentiality

The Ombuds holds all communications with thoseseeking assistance in strict confidence, and doesnot disclose confidential communications unlessgiven permission to do so. The only exception tothis privilege of confidentiality is where there ap-pears to be imminent risk of serious harm.

Informality

The Ombuds, as an informal resource, does notparticipate in any formal adjudicative or adminis-trative procedure related to concerns brought tohis/her attention.

22 February 2006


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Annex VIMemorandum of AgreementDispute Reference OMB/MED/…

To be signed by parties to a Mediator/ConciliationProcess prior to the commencement of the Pro-cess.

Preamble

Considering the approval by the Board of Directorson 2 March 2007, of measures to strengthen theAfrican Development Bank’s internal recourse me-chanisms; the provisions of staff Regulation 10.3(Settlement of Disputes); and staff Rule 103.00(Ombudsperson); and in accordance with the Pre-sidential Directive No. 08/2007 concerning Guide-lines for Conciliation and especially Articles 5(Confidentiality) and 6 (Conclusion of ConciliationProcess) of those Guidelines.

1. Declaration of Intent

The Parties to this Memorandum hereby declaretheir wish to work towards a settlement of theabove referenced dispute through the process ofmediation facilitated by the Ombudsperson of theBank. They recognize the Mediator as an indepen-dent and neutral party with no vested interests inthe dispute nor in its settlement.

2. Confidentiality and privilege

2.1 The parties recognize that mediation pro-ceedings are settlement negotiations and that alloffers, promises, conduct and statements, whe-ther written or oral, made in the course of the pro-ceedings including the Record of Settlement, areinadmissible in any arbitration or court procee-dings. The parties agree not to subpoena or other-wise require the Ombudsperson/mediator to testifyor produce records, notes or work product in anyfuture proceedings and no recording or stenogra-phic record shall be made of the mediation ses-sion.

2.2 Moreover, the parties declare that they fullyunderstand and accept that the proceedings ofthis conciliation process as well as any Record ofSettlement therefrom, shall be kept confidential,and that they shall not disclose any settlementagreed upon, nor information provided in thecourse of the proceedings except to the extent

that such information is already available to themotherwise than as a result of the conciliation pro-ceedings.

3. Termination of Mediation

The mediation process shall be terminated underany of the circumstances stated hereunder:

(a) by a declaration by the mediator that a set-tlement has been reached.(b) by a declaration by the mediator that furtherattempts at mediation are no longer considerednecessary and worthwhile.(c) by a declaration by any of the parties thatthe process should be terminated.

4. Binding Undertaking

4.1 Should an agreement be reached as a re-sult of these proceedings, the Parties accept tosign the Record of Settlement as furnished by theMediator. They also accept that the Record of Set-tlement so signed shall be final and binding on theparties and that no appeal or further proceedingsmay be brought in relation to the matters stated inthe Record of Settlement.

4.2 Having read and understood the terms ofthis document, the Parties agree to be bound bythem, as witnessed by their signatures below.

Done in Tunis, on

Signed Signed

Requester Ombudsman

Signed (Parties)


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Annexe VIIRequest for Conciliation / Mediation Made to the Ombudsman of the Bank

I Information concerning the Requestor

1. Full name: 2. Date and Place of Birth:3. Civil Status:4. Nationality:5. Date of Recruitment:6. Professional status and department:

(as at date of contested decision)7. Duty station:8. Date of written notification of contes-

ted decision:9. Contacts (Tel.; e-mail; etc…):

II Parties to decision being challenged:

1. Name :

• Department :• Professional :• Relationship to requestor as at

time of decision:

2. Name :


time of decision:

3. Name :


time of decision:

III Decision Being Disputed: (Kindly summa-rize the facts which gave rise to the request. Any do-cument submitted should be referred to in thesummary of the facts and attached to this request).

IV Reasons for disputing the decision

V Desired relief by Requestor


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Annex VIII

Feedback On The Office Of The Ombudsperson

This survey questionnaire may be filled anony-mously

The information you provide will help to tailor theservices of the Ombudsperson’s office to meet theexpectations of staff.

I - Identification

1. Professional Category

GSPLManagerial Grade

2. Gender

MaleFemale

II - Knowledge of and Access to the Services of the Office of the Ombudsperson

3. How did you learn about the Office of theOmbudsperson?

Choose up to the maximum number of selections.

CHRM Orientation Seminar for NewStaffBrochures or Posters of the Office ofthe OmbudspersonAppeals Committee SecretariatOmbudsperson’s Annual Activity ReportHuman Resources (HR) or Supervi-sorStaff Council Word of mouth (from colleagues)

I had used this service beforeOther:______________________________________________________________

4. What means were used to communicatewith the Ombudsperson?

Through a visit to the Office

By TelephoneBy E-mailOther:(such a memo)______________________________________________________________

5. Please rank the following in terms of whyyou came to the Office of the OmbudspersonRank from 1 to 5

I did not know whom to discuss myconcern withI wanted the Ombudsperson to beaware of an issueOther avenues had failedI wanted to understand what my op-tions wereI wanted the Ombudsperson to putpressure on the person involved withmy issue on my behalf

I wanted to get information aboutBank Policies and ProceduresI wanted to put Bank Managementon noticeOther:______________________________________________________________

6. Was access to the Office of the Ombuds-person easy and convenient?

Yes, SomewhatNo

7. Did you fear being seen coming to theOffice of the Ombudsperson?

Yes, SomewhatNo

8. Were there any negative consequencesresulting from contacting the Office of the Om-budsperson?

Yes, SomewhatNo


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9. Were you considering filing a formal appeal before consulting the Office of the Ombudsperson?

Yes, SomewhatNo

10. If the answer to question 7 was YES, didyou decide not to file a formal appeal as a result of your visit to the Office of the Ombudsperson?

Yes, SomewhatNo

11. How often did you consult/meet the Ombudsperson for the same case?

OnceTwo to four visitsMore than four visitsNever

III. Evaluation of the Services ofthe Office of the Ombudsperson

12. Did the Ombudsperson clearly explainhis/her role and guiding principles such asconfidentiality, neutrality and independence?

Yes, SomewhatNo

13. Did the Ombudsperson help you feelcomfortable discussing your concerns?

Yes, SomewhatNo

14. Did you receive sufficient time for yourdiscussion?

Yes, SomewhatNo

15. Were you satisfied with the assistancethe Ombudsperson provided

Yes, SomewhatNo

16. Besides addressing your issue, werethere any additional benefits from using the Of-fice of the Ombudsperson?

Yes, SomewhatNo

17. Did the Assistant to the Office of the Om-budsperson treat you with courtesy and res-pect?

Yes, SomewhatNo

18. Did the Ombudsperson treat you withcourtesy and respect?

Yes, SomewhatNo

19. To what extent do you feel that the Om-budsperson was impartial in the handling ofyour case?

Yes, SomewhatNo

20. Did the Ombudsperson maintain appro-priate confidentiality about your communica-tion with him/her?

Yes, SomewhatNo

21. Did the Assistant to the Ombudspersonmaintain appropriate confidentiality about yourvisit to the office?


53

Yes, SomewhatNo

22. Did the Ombudsperson appear to beconversant with the issues involved in your si-tuation?

Yes, SomewhatNo

23. Would you consider using the Office ofthe Ombudsperson again?

Yes, Somewhat

No

24. Would you recommend the Office of theOmbudsperson to others?

Yes, SomewhatNo

25. Please provide an Overall Evaluation:

Poor Good Very good

26. We will appreciate any recommendationyou have (maximum 20 words):


54


Annex IX

Album of photos

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SAP Training at Hammamet

Exercise in the Garden - VPC Training in Nairobi

Consultation with Madagascar VPC

UNARIO - Paris

Joint VPC/RRs Consultation Sections – Nairobi

Consultation with ResRep KEFO

OMBU Annual Retreat


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OMBU Annual Retreat

Managing Conflict in the Workplace Training in PartnershipSCO/CHRM/OMBU

On-Boarding

Induction

2nd Ombudman & the Administrative Assistant during a Working section

Induction

OMBU Annual Retreat

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Africa and the Financial Crisis: An Agenda for Action - Report on Ministerial Roundtable Discussions and High Level Seminars

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Building a High Trust and a Conflict Competent Workplace