Administrative Review Navigator

Since June 2022, the Office of Professional Ethics and Conduct (OPEC) offers external professional workplace mediation services as a free, voluntary, and confidential option for resolving workplace concerns.

OPEC Workplace Mediation Features:

• Professional external mediators: Independent, neutral third-party facilitators
• Voluntary participation: All parties must agree to participate
• Confidential and safe: Private environment for honest discussion
• Free service: No cost to staff members
• Available to all: ADB and ADBI staff regardless of level or location
• Staff-controlled resolution: Parties have control over the outcome

Key Differences from Ombudsperson:

A staff member can seek administrative review only for decisions that contravene their contract of employment or terms of appointment, which includes pertinent regulations and rules. Simply disagreeing with a decision is not sufficient grounds.

Grounds for administrative review include:

• Abuse of discretion
• Discrimination
• Abuse of process
• Failure to follow proper procedures

For appeals concerning disciplinary measures under AO 2.04, additional grounds include the conduct not being within the scope of "misconduct" or the disciplinary measures being disproportionate.

The Ombudsperson provides an informal grievance procedure for staff members, acting as an independent and impartial source of assistance for resolving workplace complaints through informal means such as conciliation and mediation.

Key points about the Ombudsperson:

• Advocates for fair process and solutions but does not act as an advocate for any party
• Staff are not required to consult the Ombudsperson before initiating formal procedures
• Using the Ombudsperson's services does not limit access to formal procedures
• Can advise on formal process procedures but won't provide advice on complaint substance once formal process starts
• Information from the ombuds process cannot be used in formal proceedings
• Cannot address allegations of retaliation under AO 2.10 (will refer to appropriate procedures)

The Office of Professional Ethics and Conduct (OPEC) plays a foundational role in the staff grievance process, primarily at the initial stages. It acts as a preventative, advisory, and assessment body rather than a formal appeals board.

Key functions of OPEC include:

• Primary Point of Contact for Ethical Guidance: Staff can seek advice regarding the Code of Conduct, potential conflicts of interest, or doubts about proper conduct
• Management of Conflicts of Interest: Receives and assesses disclosures about financial interests, business activities, or personal relationships that could create conflicts
• Approval Authority: Staff must get prior approval for certain external activities, such as private employment, public speaking, or accepting external gifts
• Initial Handling of "Other Misconduct": Designated recipient for reports of bullying, harassment, and retaliation. Reviews reports to determine appropriate path forward
• Whistleblower Protection: In coordination with OAI, protects whistleblower identities and receives retaliation notifications

The Appeals Committee is a body that advises the President on appeals filed by staff members. It reviews decisions and disciplinary measures to determine if ADB's Staff Regulations, Administrative Orders, policies, and procedures have been correctly applied.

Key functions:

• For discretionary decisions by Heads of Department/Office, determines if there was abuse of discretion, arbitrariness, discrimination, improper motivation, or violation of fair procedure
• Cannot deal with matters under Pension Committee and/or Administration Committee authority
• Cannot challenge pertinent regulations and rules of ADB
• Appeals to Administrative Tribunal are possible after exhausting Appeals Committee stage

The Administrative Tribunal (AT) is established to hear and pass judgment upon applications by current or former staff members alleging nonobservance of their contract of employment or terms of appointment.

Scope includes:

• Pertinent regulations, rules, Staff Retirement Plan, and benefit plans
• Open to current and former staff members, personal representatives, and individuals entitled to SRP/benefit payments
• Generally requires exhausting all other available remedies within the Bank first
• Exception: Direct submission if applicant and President agree

The Tribunal has significant but defined powers:

Powers:

• Final and binding judgments
• Can order rescission of contested decision or specific performance
• Can fix compensation (generally limited to 3 years' basic salary, higher in exceptional circumstances)
• Can order Bank to bear reasonable costs incurred by applicant
• Can order applicant to compensate Bank for defense costs if application was manifestly without foundation

Limitations:

• Filing does NOT suspend execution of contested decision
• Powers do not limit or modify those of Board of Governors or Board of Directors

AO 2.10 provides comprehensive protections for Whistleblowers and Witnesses who report suspected violations or misconduct, including protection from Retaliation.

Key protections:

• Burden of proof shift: For staff reporting retaliation where their action was a contributory factor, ADB must prove the same action would have occurred without the report
• Special grievance path: Staff believing they suffered retaliation from grievance proceedings under AO 2.06/2.07 must notify OPEC or OAI
• Direct appeals route: Whistleblowers/Witnesses claiming retaliation may appeal Director General, BPMSD decisions directly to Appeals Committee, then to Administrative Tribunal

Your request should be comprehensive and include all relevant documentation:

Required elements:

• Clear statement of the decision being contested
• Grounds for review (abuse of discretion, discrimination, etc.)
• Copy of the contested decision
• Evidence supporting your claims
• Timeline of events
• Remedy sought

Yes, you can withdraw your request at any stage of the process:

• Withdrawal must be in writing
• Once withdrawn, you cannot resubmit the same request
• Consider discussing with the Ombudsperson before withdrawing
• Withdrawal does not affect your right to pursue other available remedies within applicable deadlines