## POLICY FOR PROTECTION AGAINST RETALIATION

## For reporting misconduct or cooperating with a duly authorized audit or investigation

### Policy Statement

It is the Policy of UNDP that Retaliation against individuals holding UNDP contracts and assigned to work for personnel1, UNDP (i.e., staff members and non-staff member who have, in good faith, properly reported allegations of misconduct, or who have cooperated with a duly authorized audit or investigation, is strictly prohibited. Such Retaliation violates the fundamental obligation of all personnel to uphold the highest standards of efficiency, competence and integrity as required under the UN Charter, and to discharge their functions and regulate their conduct with the interests of UNDP only in view. Retaliation, as defined under this Policy, is itself misconduct and any UNDP personnel who commit Retaliation may be subject to disciplinary measures or other applicable sanctions.

### Objectives

In accordance with ST/SGB/2017/2/Rev.1 UNDP has established this Policy and accompanying procedures and guidelines to:

- (a) encourage UNDP personnel to, in good faith, report misconduct and/or cooperate with a duly authorized audit or investigation, without fear of Retaliation or retribution;
- (b) establish a basis by which UNDP can effectively address such situations, manage risks and protect Individuals who make such good faith reports of Retaliation; and
- (c) foster an environment where UNDP functions in a transparent and accountable manner.

### Section 1 Definitions

- 1.1 Retaliation (for purposes of this Policy) means any direct or indirect detrimental action that adversely affects the employment or working conditions of an individual, where such action has been recommended, threatened or taken for the purpose of punishing, intimidating or injuring an individual because that individual engaged in “Protected Activity” as defined below. Retaliation is itself a separate act of misconduct and a violation of this Policy. For purposes of this Policy, the legitimate application of regulations, rules or administrative policies, issuances or procedures, or the mere expression of disagreement, admonishment, criticism or a similar expression regarding work performance, conduct or related issues within a supervisory or similar relationship, do not constitute Retaliation.

If the individual did not engage in a Protected Activity, any detrimental action recommended, threatened or taken against him/her will not be considered Retaliation under this Policy. Claims concerning conduct not covered under this Policy should be addressed to the Office of Human Resources (OHR) as a potential management issue or, if appropriate, reported directly to the Office of Audit and Investigations (OAI).

- 1.2 Prima Facie case (of Retaliation) is established when the information available to the Ethics Office indicates that it is more likely than not that a causal connection exists between the Protected Activity (defined below) and the detrimental action that has been taken or threatened against the individual. When the Ethics Office has determined that a prima facie case is established, the matter will be referred to OAI for a full investigation.