Terms of Reference of the Office of the IMF's Ombudsperson

1. The position of Ombudsperson has been established to make available the services of an independent, confidential and impartial person to address the employment-related issues of individuals. The principal aim is to provide informal assistance in resolving these issues in a manner that contributes to an improvement in the overall working environment in the IMF, thus promoting better personnel management and greater organizational and operational efficiency.

Appointment

2. The Ombudsperson will not have been employed by the Fund within the last five years¹ and will be appointed by the Managing Director, after consultation with representatives of the Staff Association Committee. The Ombudsperson will initially be appointed on a term appointment for a period of three years, renewable once for a further period of six-years. The Ombudsperson shall not be reappointed, and their total term of office shall not exceed nine years, except that under exceptional circumstances for transitional reasons, a short extension of the final term appointment may be approved (e.g., to accommodate a delay in the arrival of a successor).² An individual who has served as the Ombudsperson shall not be eligible for employment with the Fund for a period of five-years after the end of their appointment.

Authority of the Ombudsperson

3. In exercising their duties, the Ombudsperson will be independent of any official, department, office, bureau, or other organizational entity of the Fund.

4. The Ombudsperson shall have the right, on any matter pertaining to the exercise of their duties, to direct access to any staff member, contractual employee or vendor personnel, to the Managing Director and the Deputy Managing Directors, as well as to Executive Directors and personnel in their offices (jointly “OED Personnel”). All staff members, contractual employees, vendor personnel, and OED Personnel who work at the Fund are expected to cooperate with the Ombudsperson and to make available all information pertinent to matters the Ombudsperson is reviewing.

5. The Ombudsperson shall have access to all records relevant to the exercise of their duties. In the event of a dispute regarding access to records, the matter will be referred to the Managing Director or, in the case of OED Personnel, to the relevant Executive Director.

Duties of the Ombudsperson

6. The Ombudsperson shall review those issues of an employment-related nature that are brought to their attention by any persons who have access to their services as provided in these Terms of Reference. Issues of an employment-related nature shall refer to any matter relating to Fund employment or the Fund work environment, including but not limited to any formal employment action, inter-personal dispute, supervisory relationships and concerns of undue influence in the performance of their functions. The Ombudsperson's review of an issue and contacts with persons who are involved may take place at any stage in the process through which that issue is being addressed. With the primary objective of resolving these issues, the Ombudsperson will exercise judgment in seeking to facilitate the resolution of conflicts. The Ombudsperson may intervene in a matter only if explicitly given permission by the person accessing their service and the Ombudsperson deems that intervention is appropriate. Intervention by the Ombudsperson may result in presenting recommendations for the resolution of the issue to those with the authority to implement those recommendations. The Ombudsperson does not investigate.

7. The Ombudsperson shall issue an annual report, specifying the number and general nature of all the issues brought to their attention and describing in general terms the extent to which the issues were or were not resolved, together with the reasons for the lack of resolution. If, in the view of the Ombudsperson, certain cases have revealed broad issues of personnel management or administration, the report may discuss the issues. The annual report shall be circulated to the Executive Board and to all staff members, contractual employees, and OED Personnel.

8. The Ombudsperson shall have the right to issue reports on matters that they consider are of general importance and interest and shall bring to the attention of the Managing Director, Executive Board or individual Executive Directors, as the case may be, any systemic issues, either Fund-wide or specific to particular departments, that become apparent from individual cases.

Access to the Ombudsperson

9. Current and former staff members, and contractual employees and vendors shall have access to the services of the Ombudsperson. The services of the Ombudsperson are also available to OED Personnel on the same basis as Fund employees, except as explicitly set out herein.

10. Persons having access to the Ombudsperson are not required to have pursued other avenues for the resolution of their issues, such as contacting supervisors, before bringing a matter to the attention of the Ombudsperson.

11. If a person who has raised a matter with the Ombudsperson decides to initiate a formal grievance under Chapter 11.03 of the Staff Handbook, or to make an application to the Administrative Tribunal, the Ombudsperson may provide advice on the procedures prior to the filing of the grievance or the making of the application. However, the Ombudsperson shall thereafter refrain from assisting the grievant in the grievance process or in furthering an application to the Tribunal, except to the extent that, in the Ombudsperson's judgment, they may be able to assist in the resolution. The Ombudsperson may not be called as a witness or otherwise be required to provide information in such proceedings, or in any other administrative or judicial proceedings inside or outside the Fund.

Confidentiality

12. The Ombudsperson will keep all dealings with persons who seek their services strictly confidential, except to the extent that the person seeking assistance consents to disclosure for the purpose of the performance of the duties specified in these Terms of Reference. The only exception to this privilege of confidentiality is where there appears to be imminent risk of serious harm, and where there is no other reasonable option. Whether this risk exists is a determination to be made by the Ombudsperson.

13. All information compiled by the Ombudsperson shall be for the use of the Ombudsperson and for no other purpose than the functions of the office of the Ombudsperson. Any reports of the Ombudsperson shall be prepared in a manner that will preserve the right to confidentiality of the persons who have brought matters to the attention of, or provided information to, the Ombudsperson. In the process of helping resolve issues, details of specific cases may be disclosed only with the concurrence of such persons.

[1] This five-year limitation does not apply to current or former non-Head of office DRS employees, who may apply for a Head of Office position in any DRS office.

[2] This employment framework shall apply for new appointments, as of June 9, 2023.