RESPONSIBLE
BEHAVIOUR
A guideline for MSF-OCA staff

“As staff and volunteers of MSF-OCA our behaviour
and actions are defined by the beliefs, values and
principles of the organisation. We demonstrate this
in our respect for all individuals and communities
that we work with. We hold each other accountable
for our behaviour accordingly and when we identify
unacceptable behaviour or malpractice in the
organisation we address it.”
MSF-OCA Integrity Statement

RESPONSIBLE BEHAVIOUR Introduction 01

Contents

01 Introduction
02 Scope

5
6

For whom is this booklet written?

6

Where and when does this booklet apply?

6

Does the booklet explain all the rules one should know?

6

When does behaviour become unacceptable?

6

03 Ethical rules

8

Operating with integrity

8

Interpersonal behaviour

11

04 What can you do?

12

Seek informal resolution

12

Follow a procedure

12

05 Outro

16

Roles and responsibilities

16

Complaint-handling processes

17

3

Author: Steven van Gestel
Art Direction + Design: Atomodesign.nl
References to ‘he’ or ‘his’ in this brochure
are meant to include ‘she’ and ‘her’

© 2014 MSF-OCA

RESPONSIBLE BEHAVIOUR Introduction 01

Introduction

Problems can often happen in workplaces, and common
sense is usually the best tool. The sooner an issue is dealt
with, the less likely it is that outside assistance will be
required.
MSF-OCA relies on this internal resolving mechanism to
address any concern in the workplace. However, should
this not be sufficient, both employer and employee can fall
back on an administrative frame of good processes and
procedures of which this booklet is evidence.

01

This booklet covers the area of ethical issues that can arise
in the workplace and where employees can go for help.
The first part of these guidelines explains how the
administrative frame in general works. The guideline
then outlines various types of behaviours that MSF-OCA
considers questionable at the least, and which may give
ground for further discussions or even interventions.
It goes on to explain what type of interventions the
individual employee can take when confronted with
inappropriate behaviour.

Also in this series are booklets on:
- Stress in the field
- Absence due to illness
5

02 Scope RESPONSIBLE BEHAVIOUR

Scope

02
Employee and MSF have a mutual
interest to create, observe and
maintain an employee relations
structure within which all issues
arising between them can be
considered and resolved.
The basis of the humanitarian mandate of MSF-OCA
lies in the standards and values as described in the
international Charter of MSF. These values need to
be carried and defended on a daily basis through the
choices its employees make. This brochure is used
as instrument to give a further outline and provide
orientation to what is ethical or appropriate behaviour.

For whom is this booklet written?
This booklet is first and foremost for employees that
have signed MSF-OCA’s Code of Conduct as part of
their employment contract. In addition, MSF-OCA will
communicate the standards and values as laid down in
this booklet to each individual representing MSF-OCA
in any manner.

Where and when does this
booklet apply?
The content of this booklet, the ethical rules in particular,
portray an employee compliance framework applicable
to all MSF-OCA activities in any part of the world.
International field employees living amongst the target
population are even expected to demonstrate the
humanitarian standards and values beyond the workplace,
24 hours a day, 7 days per week.

6

Does the booklet explain all
the rules one should know?
The booklet is a demonstration of MSF-OCA’s
commitment to integrity. However, it is not meant
to describe each and every law or rule that can be
applicable to the employee’s conduct. It is the employee’s
responsibility to act within the spirit of this booklet and
to know what additional laws, rules or professional
codes are applicable to him.

Different laws in different countries
MSF-OCA realizes it has employed staff with different
custom and work ethics, often on the basis of employment
contracts governed by different (labour) laws of the
countries of origin. Furthermore, it operates in areas
where local laws and custom are applicable to our
activities. MSF-OCA has committed to respect these
different laws and custom. Notwithstanding the above,
MSF-OCA maintains a willingness to challenge laws
in the interest of our patients and will not accept laxity
(or gaps) in the contracts or legislation as an excuse for
malpractice or any practice in violation with the ethical
rules as described in this booklet.

When does behaviour become
unacceptable?
The legal framework in which MSF-OCA has to operate
is complex, whereas ethical conduct covers an even larger
and more complex domain. It is linked to personal values
and principles. However, personal ethics become an issue
for MSF-OCA when they have a negative impact on MSF,
its employees or its beneficiaries.

Types of questionable conduct
There can be questions on conduct from three different
perspectives: (1) conduct that is punishable by applicable
law, (2) conduct that is ethically questionable or morally
reprehensible and (3) poor performance. The first two are
often referred to as misconduct.

RESPONSIBLE BEHAVIOUR Scope 02

Misconduct or serious misconduct
If an employee engages in misconduct that is listed in the
ethical rules, it does not necessarily mean that serious
misconduct has automatically occurred. In every case
MSF-OCA will consider all the facts and the employee’s
response before it decides whether serious misconduct
has occurred. Anyhow, the seriousness of a wrongdoing
should neither be hidden nor measured by emotions felt.
Misconduct or
serious misconduct

‘Misconduct’ means some form of
wrongdoing. Usually it will involve
a deliberate act, but there may be
circumstances where an employee acts so
carelessly that it amounts to misconduct (i.e.
gross negligence or recklessness).
‘Serious or gross misconduct’ involves
serious wrongdoing. The misconduct
involves a breach of the ethical rules in
such way that it undermines the trust and
confidence that MSF-OCA has in the
employee (e.g. theft, sexual or other assault,
or the use of illegal drugs at work).

Poor performance
MSF demands a high level of professional competence.
In the field, this is additionally challenging because of
the emergency nature of work, the resource limited
settings, cross-cultural communication and the particular
vulnerabilities of the beneficiaries.
Issues with performances are normally resolved in dayto-day discussions or performance interviews with the
employee. This might involve providing clear direction
about what is required, or support and training to assist
the employee to do the job properly.

Poor performance

‘Poor performance’ is a situation where
the employee’s performance deviates from
agreed expectations to such a degree that a
disciplinary process becomes justified. This
can occur by single-occurrence or repeatedly
(after warning.)

Impact
It is important to note that the objective of addressing
questionable conduct is to prevent adverse impact thereof
on MSF, employees or beneficiaries. Discussions about
questionable conduct should never be held on the basis
of the individual’s personal ethics.
Impact of other sections on MSF-OCA
The case may be that staff of other MSF sections displays
questionable activities or behaviour within their projects.
This can have an impact on MSF-OCA as well, in case we
are active in the same country or region. It is therefore
recommended, under all circumstances, to report on such
issues to the MSF-OCA field management.

7

03 Ethical rules RESPONSIBLE BEHAVIOUR

Ethical rules

03

Although denoted as ‘rules’ the
following text parts should not be
applied as law articles. Breach of
which does not give immediate rise
to a right for MSF-OCA to end the
employment relationship.
Operating with integrity
Abuse of power / exploitation
By the very nature of its presence in situations of human
suffering, MSF-OCA places employees in positions of
power that are potentially subject to abuse. MSF-OCA and
its employees have an obligation to ensure that this power
is not abused and that humanitarian aid is not used for
purposes other than to alleviate suffering of populations
in need. Cases that may arise in the field exploit the
very people we are there to assist, while jeopardizing
MSF-OCA’s principles, mission, and image. There is no
exhaustive list of conduct that MSF-OCA considers abuse
of power or exploitation, however, MSF-OCA will not
accept such conduct – whether or not by intent - within
the following definitions:

Abuse of Power

The use of any power - real or perceived under unequal or coercive conditions. This
includes, but is not limited to: the undue
exercise of influence or control, physical
intrusion (actual or threatened,) and/or the
infliction of harm (physical, sexual, emotional
and/or psychological).
Exploitation

The act against an individual or group in a
position of vulnerability, which includes but is
not limited to, profiting economically, socially
or politically from the exploitation of another.
It also includes sexual exploitation.
For the legal protection of beneficiaries against abuse or
exploitation, MSF-OCA refers to international human
rights, and humanitarian and criminal law as illustrated in
the next paragraph.
Legal protection of beneficiaries
Abuse or exploitation is a violation of international
human rights, and humanitarian and criminal law.
For example:
■ The ‘Convention on the Rights of the Child’ protects

children - defined as persons under 18 - from
exploitation and abuse;
■ The ‘Convention On the Elimination of All Forms of

Discrimination Against Women’ protects women from
‘impairing or nullifying the recognition, enjoyment or
exercise by women, irrespective of their marital status,
on a basis of equality of men and women, of human
rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field’
(Art. 1) and prohibits all forms of trafficking or
exploitation of prostitution of women (Art. 6);
8

RESPONSIBLE BEHAVIOUR Ethical rules 03

■ The United Nations Aide Memoire on Protection

of Civilians in Armed Conflict (S/PRST/2003/27)
prohibits exploitation of civilians by humanitarian
aid workers and prescribes that assistance is provided
impartially and without discrimination; and
■ International criminal law penalizes rape and other

acts that may result in inhumane treatment, torture
or impair dignity.

Use of drugs, alcohol or other substance
while at work
Performance requires a clear mind and the ability to
react in an adequate manner: the safety of colleagues
and beneficiaries may be at stake. Being intoxicated by
drugs, alcohol or other substance, or incorrect usage of
medicines diminishes the ability of an employee to act
in an adequate manner. Many project countries in which
MSF-OCA operates may have strict laws with regards
to alcohol and/or drugs. Therefore MSF-OCA will
not accept:
■ Use of alcohol, illegal narcotics or prescribed

medication in circumstances where this jeopardizes
MSF-OCA’s principles, mission and image, or is
harmful for beneficiaries or colleagues.
Abuse of alcohol or narcotics is considered a serious
conduct issue.

Use of organisational property
MSF-OCA demands from its employees that they use its
premises and goods with respect and care, safeguarding
the organisation’s credibility. All goods on loan or
otherwise in use, that have been obtained through MSFOCA remain its property, even if said goods are products
of the employee’s performance. On termination of
employment – or on immediate request of MSF-OCA
at any prior point in time – said goods must be handed
over immediately.

The employee may not, without written permission,
keep said goods and the like in his private possession. In
principle, the premises of MSF-OCA should not be used
for non-work related activities unless with the permission
of the appropriate authority. In the projects the Head
of Mission (HoM) decides unless there is a conflict of
interest, in which case the Operations Manager decides.
Use of ICT products and services
ICT products (incl. mobile devices) and related services
are provided to staff for professional use only. For
practical reasons, the employee may incidentally use
these provisions briefly for private purposes unless it
interferes with the daily duties, it disturbs the computer
network or it involves (commercial) activities for own
business or third parties. MSF-OCA does not permit
the following activities:
■ Sending, forwarding or saving messages (e-mail, SMS

etc.) that are of a pornographic, racist, discriminatory,
insulting, offensive or sexually intimidating nature or
are legally prohibited;
■ Sending messages designed to incite hatred

and/or violence;
■ Communicating messages externally, which in

view of their nature, purpose and/or choice of words
are intended purely for internal use;
■ Visiting Internet pages with pornographic, racist,

discriminatory, insulting, offensive or sexually
intimidating material, nor to download or save
such material;
■ Using the Internet in a manner that can lead to

situations which are potentially unsafe or unlawful,
including the download of illegal or uncertified
material (music, movies, software, etc.).

9

03 Ethical rules RESPONSIBLE BEHAVIOUR

03

Handling organisational information
Information about the activities, strategies and data of
MSF-OCA is property of MSF-OCA. The collection
and processing of information by MSF-OCA is first
and foremost to steer and monitor operations. Next it
is for legitimate business purposes like administration,
reporting and auditing. All records that have been
obtained through MSF-OCA remain its property.
The employee may not, in so far that the employee’s duties
for MSF-OCA do not demand this, have them copied or
allow third parties to see them.
Access to information
At the start of employment, the employee receives a userID and password to access the intranet, network and/or
applications to enter and query records and other data.
The employee is responsible for all activities that are done
with his user-ID. When the employee suspects that his
user-ID has been used improperly, the employee should
notify his line-manager. Although in project countries it is
more common that a user-ID is shared, it does not release
the individual from his responsibilities.
Protection of confidential information
The present paragraph concerns the illicit disclosure of
information that is confidential to MSF. This practice can
disrupt MSF’s operations and/or grant third parties an
unfair advantage. ‘Illicit disclosure’ comprises, but is not
limited to, the publication of confidential information
through any medium (e.g. written or spoken press, web
logs, social media and/or community websites). All
current and past MSF-OCA employees are expected
to treat all information acquired in the call of duty as
potentially confidential. Any disclosure to external parties
about the operational management of which the employee
can reasonably suspect is harmful for MSF-OCA is
considered inappropriate whistle blowing.

10

Accurate and complete bookkeeping and
financial administration
The integrity and completeness of bookkeeping is not
only organisational policy but also a legal obligation.
Bookkeeping has to be done in accordance with the
articles of association, internal regulations and contractual
conditions. All our financial transactions should be
recorded with accuracy and in accordance with truth.
The management is responsible for the integrity of the
bookkeeping and initiates internal and external audits to
comply with this commitment.
Fraud and theft
Preventing fraud has a high priority for MSF-OCA, in
order to protect the organisation’s reputation as well as
to prevent loss in money. MSF-OCA uses the following
definition:
Fraud

The intentional use of deceit, a trick or some
dishonest means to deprive another of his/
her/its money, property or a legal right.

In cases of (suspicion of) fraud and theft, it is MSFOCA’s policy to immediately investigate and, when
applicable, to proceed against the employee(s) involved.
Considering that MSF-OCA is a non-profit organisation
with donations as its main source of income, it explicitly
condemns theft. This includes private use of office
supplies, spending substantial office time browsing the
Internet for private reasons or (excessive) claiming of
expenses of which the employee can reasonably suspect
that they are not chargeable to MSF-OCA.

RESPONSIBLE BEHAVIOUR Ethical rules 03

Interpersonal behaviour
Working environment without intimidation
MSF-OCA does not condone any form of intimidation,
such as threats, menacing behaviour, bullying or insulting.
All line-managers should be attentive to possible acts of
intimidation in the working environment or other places
where employees assemble. Obviously this framework
cannot provide an exhaustive list of conduct that is
considered intimidation. In any case, MSF-OCA will not
accept conduct – intentionally or not - as explained in
the following definitions:

Discrimination

Any kind of distinction, exclusion or
restriction due to race, ethnic origin, gender,
sexual orientation, religious conviction, age or
handicap by an employee. This also includes
offending of, and instigating to hatred or
violence towards an individual.
Sexual intimidation

Unwelcome sexual advances, requests for
sexual favours, and other verbal or nonverbal harassment of a sexual nature.
Aggression and violence

Incidents where an individual is being
psychologically or physically harassed, being
threatened or attacked by an employee.
Incitement to fraudulent actions

Workplace romance
MSF-OCA strongly discourages romantic or sexual
relationships during employment, which have the
potential to jeopardize MSF-OCA’s principles, mission
(or team dynamics) and image.
Relationship between co-workers
It is not uncommon for romantic or sexual relationships
to emerge in the workplace. Employees should be aware
that this can lead to tensions in case of e.g. a ‘bad’
breakup or the appearance of favouritism when there is
a hierarchical relationship. Employees should therefore
proceed with caution and concern themselves with not
disrupting the workplace.
Relationship between employee
and beneficiary
Beneficiaries are always in a position of dependence.
Romantic or sexual relationships between employees
and beneficiaries, likely based on inherently unequal
power dynamics, can be interpreted as an abuse of the
beneficiary’s vulnerability and are therefore forbidden.
MSF-OCA recognizes that there may be certain
exceptions such as when people are employed while
already having a relationship with a beneficiary, and that
employees can be part of the population of beneficiaries
themselves. The key here is transparency.

Prostitute visits
Because of the specific context and situations in which
MSF-OCA operates, MSF-OCA considers the use of
services of prostitutes in project countries as an act of
abuse of power and therefore does not accept this.

Practice where an individual is forced to
act in breach of the law or agreements and
rules applicable to the organisation (whether
through action or inaction) by use of
intimidation or threats or some other form
of pressure or force.

11

04 What can you do? RESPONSIBLE BEHAVIOUR

What can you do?

04

Wherever possible, issues in the
workplace should be resolved
informally. A procedure should not
be used as a substitute for normal
day to day discussions.
Seek informal resolution
MSF-OCA believes in the importance of being a responsible
employer and with that, of facilitating an environment for
open, fair and honest communication. However, ethical
matters cannot always be evaluated or discussed with the
simplest means. The most important thing is that a question
or issue can be raised without restraint.

In case there are strong suspicions of misconduct,
serious misconduct or poor performance by one or more
employees, the management hierarchy can also request
the HR department to start up an investigation as part
of a disciplinary process. With international field staff
(expats), this could result in the employee(s) involved
being ‘sent back’ to the head office to participate in a
process of verifying the allegations and determining
whether the working relationship has a future or not.

What if raising the issue has not
resolved anything?
Again, this depends on the type of issue:
■ In case it involves performance issues, the subject may

have been given a ‘second chance’ with some time to
improve, or the management needs time to reinforce
procedures or protocols.

Whom can you ask questions?
In an open environment, anyone should be approachable
for asking questions or to discuss issues with. However,
there are certain roles in the organisation with additional
responsibilities, which are referred to as regular reporting
channels, such as the management hierarchy, a position
involving confidentiality, human resources, or, in case
expert advice is required, one of the technical support
departments (Med/Log/Fin). But as said, the employee
may discuss issues beyond these channels. The objective
should always be to resolve an issue himself or to
reflect his observance of certain behaviour; maliciously
discrediting a person is in itself a serious conduct issue.

What happens after I have raised an
issue with a reporting channel?
There are various scenarios possible depending on the
type of issue or its severity. The regular reporting channels
are empowered to solve issues ‘locally’ in the workplace by
form of support or intervention. In case the issue involves
a dispute between two or more parties, resolution can be
sought in mediation by an internal or external mediator.

12

■ In case of behavioural issues that continue to disrupt

the workplace, you can always decide to file a formal
complaint, see ‘Filing a formal complaint’ on page 10.
■ If you feel that your direct manager has not given

proper attention to the issue that you have raised, you
can always address his superior. This is still considered
a regular reporting channel.

What if using the reporting channels
is not an option for you?
Lack of trust in the regular reporting channels is in itself
already an issue to be raised. But there may be other
occasions when it is not possible for an issue to be resolved
informally or via the management hierarchy. In such cases
problem-solving procedures should be followed.

Follow a procedure


All parties should be absolutely clear whether any meeting is
being held informally or under the formality of a procedure.
It is expected that individuals will enter into a procedure in
good faith, with the aim of resolving a particular issue.

RESPONSIBLE BEHAVIOUR What can you do? 04

Filing a formal complaint
There are two formal complaint procedures in the
organisation, one for victims of intimidation and one for
issues of professional competency or neglect which are
linked to the performance of an individual physician.
One must distinguish between (1) medical and (2)
non-medical issues of professional negligence and/or
competence. Type (1) issues follow the process of official
complaints, whereas type (2) issues are to be followed
up by line management.
Complaint Procedure – Intimidation
In the event that you have been the victim of intimidating
behaviour (see ‘Working environment without intimidation’
on page 7) and addressing the issue with the person involved
or disclosing it with your direct line-manager is not an
option for you or has not resolved the issue:
➤ File a complaint with the senior manager on
location (Head of Mission in the field, General
Director in HQ).
In case both parties (complainant and defendant) are
expats in one mission, the Head of Mission should refer
the complaint to MSF-OCA’s Director of PRO.
Process

The person with authority who receives the complaint is
obliged to make (and communicate) a decision whether
or not to investigate and, if the complaint is admitted, to
select members for an investigation team.
The investigation team will, on the basis of its findings,
formulate an advice to the person with authority who has
admitted the claim. This person will eventually decide
whether or not the complaint is justified and, with support
of HR, decide on an appropriate response of the organisation.

Complaint Procedure - Professional Incompetency
In the event that issues of professional competency or neglect
are linked to the performance of an individual physician:
➤ File a complaint with the MedCo
Violations of medical ethics without allegations of neglect
or incompetency are excluded from this procedure, but
will be dealt with in the line with the advice of MSF-OCA’s
Medical Director. Issues of competency and professional
neglect that arise due to a medical error report are the
responsibility of MSF-OCA’s Medical Director to determine
if an investigation under this procedure should be started.
Process

The process is essentially the same as it is with complaints
concerning intimidation, but the decision to investigate
is now made by MSF-OCA’s Medical Director and
the investigation is under the responsibility of a fixed
committee, the Medical Commission. The Medical
Commission will recommend if it is also necessary to refer
the complaint to the medical professional licensing body.
The full procedure can be found on MSF-OCA’s intranet
(Habari): https://intranet.oca.msf.org/Departments/HR/
Policies/EmploymentRelationship/Pages/Incompetency/
Procedure.aspx

Blowing the whistle
For allegations of substantial wrongdoings such as
large-scale abuse or fraud, which exceed (or involves) the
local management, MSF-OCA has installed a so-called
Hotline. This hotline should not be used to challenge the
outcome of other complaint procedures, or for grievance
about one’s terms and conditions of employment. A report
should never involve a personal interest in the matter.

The full procedure can be found on MSF-OCA’s intranet
(Habari): https://intranet.oca.msf.org/Departments/HR/
Policies/EmploymentRelationship/Pages/Intimidation/
Procedure.aspx
13

04 What can you do? RESPONSIBLE BEHAVIOUR

04

Hotline
In the event that you have been witness - or have
reasonable suspicion - of substantial wrongdoings in
MSF-OCA, which exceeds (or involves) the senior
management:

The full whistle blowing policy can be found on MSFOCA’s intranet (Habari): https://intranet.oca.msf.org/
Departments/HR/Policies/EmploymentRelationship/
Pages/Complaints/Hotline.aspx

➤ Report the issue with the HOTLINE

The following principles will apply to the aforementioned
problem-solving procedures:

In case of reports from the field, these should therefore
concern cases of misconduct of the country management
team (CMT).
Exceptionally, also offences of non-CMT employees
are eligible for reporting. The circumstances of the
particular case (magnitude and severity of the suspected
wrongdoings) would be decisive.
Process

Each report via the hotline will be handled by a person
who is appointed by MSF-OCA’s Management Team in the
head office, and whose position is outside the operational
management hierarchy. This person will operate according
a standard operational procedure, which involves a first
review and checks whether the hotline is the relevant
channel considering its scope and (legal) mandate.
The person answering the hotline will ask you:
■ Your name, function, work location and contact details.

A report cannot be done anonymously. In order to act
on a report, the organisation needs to be able to verify
the allegations. Named reports also allow for protection
against retaliation.
■ Whether you have discussed the issue already with the

regular reporting channels (management hierarchy,
HRM or technical support department).
■ What type of wrongdoings you have observed and

who is involved.

14

General principles

■ Investigation/inquiry - MSF-OCA will refrain from

acting on hearsay. In case of a report of misconduct or
malpractice, evidence will need to be gathered. Any
such investigation will be done in line with the generally
applicable standards in the jurisdiction concerned.
Employees who have been accused of a wrongdoing will
have the opportunity to give their version of events at a
hearing. The following principles will be subscribed to
during the meeting with the employee:
➤ Prior to hearing the defendant, the topics to be
discussed in relation to the nature of the report
are indicated;
➤ The defendant will be informed prior to the hearing
that his cooperation is voluntary;
➤ With notification, the defendant may bring along
someone to the hearing;
➤ There are at least two persons present on behalf of
MSF-OCA. Minutes are kept and subsequently a
statement is drawn up;
➤ The statement is presented to the employee for
comments. The employee concerned is given the
opportunity to correct any factual inaccuracies
in the statement.

RESPONSIBLE BEHAVIOUR What can you do? 04

■ Proportionality - The principle of proportionality

should be upheld (1) during the investigation, as well
as (2) in its outcome.
(1) The investigator needs to ensure that information is
acquired in a fair and justifiable manner, proportional
to the severity of the alleged wrongdoing.
(2) Management needs to ensure that the consequences
of a fault remain in proportion with the wrongdoing
committed.
Next to common disciplinary measures such as
suspension or dismissal, an individual could be expelled
from working with MSF, the so-called NDPP status
(French acronym for ‘Ne Doit Plus Partir’, which translates
to ‘Not To Be Sent Out’).
■ Confidentiality - All parties involved in a procedure

must ensure that they maintain the confidentiality of
the process within and outside the organisation. MSFOCA will also observe the privacy rights of employees
who are subject to an investigation.
At the initial interview and during the investigation stage,
all parties involved will be warned of the consequences if
there is a breach of confidentiality. These consequences
may take the form of a disciplinary action.
■ Timescales - Whilst every endeavour will be made

to respond in a timely manner, due to the complexity
and or specific circumstances of a case, any timescales
mentioned should be seen as a goal and not a rule. In
the event a timescale needs to be extended, the parties
involved will be notified.

■O
 penness - A formal complaint cannot be done

anonymously. In order to act on a report, the
organisation needs to be able to verify the allegations.
This includes the ability to return with questions for
clarification to the employee who has made the report.
This obviously requires a safe environment for the
person who files a complaint in good faith, see also next
principle. In case the report involves a whistle blow, the
whistleblower’s name will under no circumstances be
provided to the person(s) about whom a report is made.
■ Repercussions – The management of MSF-OCA has

the responsibility to prohibit retaliation or any actions
that can be considered as such, against the employee
who – in good faith – reported an (suspicion of) abuse
or cooperates in the investigation thereof. Moreover, it
should not lead to a situation in which the employee’s
interests are affected. Acts of retaliation are considered
as serious misconduct.
■ Pressing charges - In case of criminal acts or serious

violations of professional codes, the management of
MSF-OCA will report to the relevant authorities or
professional bodies.
However, before reporting legal offences to authorities
in a mission country, one has to understand the
standards the country practices to implement its laws.
These standards must be balanced against the interests
of the aggrieved party. For example, reporting a rape
case to the authorities in Pakistan might have severe
repercussions for the victim as well. Consequently,
prudency is of the utmost importance.

■ Involvement of Human Resources - The Chair of

the OCA HR platform will always be consulted and will
advise on the formal process. When relevant, other HR
staff may need to be notified that a procedure has been
launched against an employee.

15

04 Outro RESPONSIBLE BEHAVIOUR

Outro

Roles and responsibilities
Contact person for harassment
Contact point for concerns in the workplace
■ Reference for managers, employees and beneficiaries

concerning the complaint procedures
■ A key link between initial support and referral to

professional employee assistance (PSC unit)

05

■ Follow-up; check whether the complaint has

been dealt with and resolved

Regular reporting lines
■ Resolving workplace concerns informally
■ Reference for managers and employees concerning

internal or external compliance rules
■ Escalating issues to HR for disciplinary follow-up

Senior management on location
Has a delegated responsibility over (part of) the daily
operations and therefore has an important role. The senior
management will examine ‘how matters got to this state’,
how to better prevent it in the future, what measures need
to be taken towards an individual etc.

Hotline
■ Person to be contacted to disclose substantial

wrongdoings exceeding or involving senior
management on-site
■ Involving the regular reporting lines, when appropriate
■ Escalating substantial wrongdoings that exceed the

senior management such as large scale abuse, fraud etc.
to the Chair of the OCA-MT for further investigation

16

Employee Assistance professional
Providing (brief) counselling, consultation and
motivation for parties in a dispute to take steps to resolve
the issues informally.
■ Referring the employee, when needed, to appropriate

outside resources for further assistance
■ Availability 24/7 for crisis consultation by telephone
■ Providing direct support, guidance and consultation

to supervisors when they are confronted with difficult
employee situations

Investigation team
■ Doing inquiries into the complaint
■ Concluding whether or not a complaint is founded
■ Advising the appropriate authority about measures to take

RESPONSIBLE BEHAVIOUR Outro 05

Complaint-handling processes
Complaint Procedure - Intimidation [1]
Who can file:

All staff working for MSF-OCA, including hired-in staff

Informal steps to take:

1. One or a combination of the following steps:
a. Resolve oneself
b. Report to the line-manager or – in case the line-manager
is involved – the next superior in line
c. Request HRM to mediate
If step 1 has not resolved the issue, then:
2. File a written and signed complaint addressed to the
senior manager within the country of occurrence.

Defendant is:

Local staff

Int’l field staff

Office staff

Filing with:

Head of Mission

Head of Mission

General Director*

Deciding whether or not to admit
complaint:

Head of Mission

Head of Mission

General Director*

Launching procedure:

Head of Mission

Director PRO

General Director*

Inquiry by:

Local investigation team

HQ complaint committee

HQ complaint committee

Decision-making:

Head of Mission

Director PRO

General Director*

*) For Amsterdam office Director PRO

Complaint Procedure – Professional Incompetency [2]
Who can file:

Any health staff member working with MSF-OCA or a patient or his
immediate family member

Informal steps to take:

-

Defendant is:

Local staff

Int’l field staff

Filing with:

Medical Co-ordinator

Medical Co-ordinator

Deciding whether or not
to admit complaint:

Health Advisor

Health Advisor

Launching procedure:

Medical Director

Medical Director

Inquiry by:

Medical Commission

Medical Commission

Decision-making:

Medical Commission

Medical Commission

17

05 Outro RESPONSIBLE BEHAVIOUR

Whistle-blowing procedure [3]

05

Who can report:

Anyone associated with MSF-OCA including contractors and beneficiaries

Informal steps to take:

1. One or a combination of the following steps:
a. Ask for advice with any regular reporting channel that can relate to the issue
(e.g. Financial Co-ordinator or Controller in case of financial compliance issues,
Medical Co-ordinator or Health Advisor for issues on medical malpractice).
b. Report to the line-manager, the MT or – if it is an issue that concerns the MT
or its members – the Board
If step 1 has not resolved the issue, or the issue exceeds the local senior management:
2. Report to the hotline

Filing with:

Hotline

Deciding whether or not to admit
complaint:

Hotline

Launching procedure:

OCA-MT or Board

Inquiry by:

Ad-hoc investigation team (internal or external)

Decision-making:

OCA-MT or Board

Procedural rules
In case the MSF contracting section of the complainant
or whistle-blower applies a procedure(s) different from
MSF-OCA standards, the individual may choose which
one should be applied. However:
■ Once commenced in a procedure of one MSF section,

the complainant or whistle-blower cannot change in
procedures or ask another section to step in;
■ The outcome of a procedure in one MSF section cannot

be put for ‘retrial’ in the procedure of another section;
■ Once commenced in a procedure of one MSF section,

an appeal on procedural grounds can only be made
within the framework provided by the section involved

18