Whistle Blower Scheme
Procedural rules for dealing with suspicions of wrongdoing Bevlex Nigeria limited 1 December 2013.
Bevlex believes it to be important that employees should be able to report suspicions of wrongdoing within the organisation and that there should be proper channels through which employees can make such reports without fear of reprisals. The procedure for reporting suspicions of wrongdoing is governed by the following rules.
Section 1. Definitions
In these rules, the following terms have the meanings given:
Anyone working for a Bevlex Group company, whether on the basis of a contract of employment or otherwise;
External Third Party:
A person or organization as referred to in Article 7, para. 1;
A person as referred to in Article 5;
Chairman of the Executive Board:
The Chairman of the Executive Board of Bevlex Group of companies;
Chairman of the Supervisory Board:
The Chairman of the Supervisory Board of Bevlex Group of companies;
Management Board Member:
A member of the board of managing directors of Bevlex Group of company for which the Individual is working and to whom a Suspicion of Wrongdoing is reported;
An Individual's immediate organizational superior;
The central compliance officer of Bevlex Group of companies;
Suspicion of Wrongdoing:
A reasonably well-founded suspicion of irregularity of a general, operational or financial nature within the organization where the Individual is working.
Section 2. Internal procedure
Article 2. Internal reporting to Supervisors, Management Board Members and/or the Ombudsman
- Apart from the exceptions referred to in Article 6, para. 2, Individuals should report Suspicions of Wrongdoing internally to their Supervisors or, if they do not wish to report the matter to their Supervisors, to a Management Board Member or, if they do not wish to report the matter to a Management Board Member, to the Ombudsman.
- Simultaneous reports may be made to the Ombudsman as well as reports to Supervisors or to Management Board Members.
- The Supervisor, the Management Board Member, and/or the Ombudsman, as applicable, will record the report in writing, dated on the date of receipt, and request the Individual to sign the report as being a true record. The Individual will receive an authenticated copy of this recorded report. If the Individual prefers, a written record will not be made. Supervisors and Management Board Members are required to advise the Chairman of the Executive Board immediately of any reported Suspicions of Wrongdoing, along with the date on which the report was received, and to ensure that the Chairman of the Executive Board receives a copy of the recorded report.
- If an Individual reports a Suspicion of Wrongdoing to the Ombudsman, the Ombudsman will advise the Chairman of the Executive Board of the matter, stating the date on which the report was received, except in this case the manner in which the information is communicated and the timing of the communication will be agreed with the Individual.
- The Chairman of the Executive Board will immediately order an investigation on the basis of the report of a Suspicion of Wrongdoing.
- The Chairman of the Executive Board will send a confirmation of receipt of the report to the Individual, even in those cases where the Individual only reported the Suspicion of Wrongdoing to the Ombudsman.
- Unless an exception applies as referred to in Article 6, para. 2, the Individual should report any Suspicion of Wrongdoing concerning the activities of a member of the Executive Board of Bevlex Group of companies exclusively [and therefore contrary to the provisions of Article 2, paras. 1 and 2] to the Chairman of the Supervisory Board and in that case the provisions of Article 2, paras. 5 and 6, and Article 3, paras. 1 and 2, will apply mutatis mutandis.
Article 3. Decision
- The Individual will be advised in writing by or on behalf of the Chairman of the Executive Board of the detailed decision which has been arrived at concerning the reported Suspicion of Wrongdoing, including the steps which have been taken as a result of the report, within eight weeks of the date of the report.
- If a decision cannot be given within eight weeks, the Individual will be advised accordingly by or on behalf of the Chairman of the Executive Board and a date by which a decision can be expected will be indicated.
Article 4. Confidentiality
- If explicitly requested by the Individual, his or her name will not be disclosed by the person or persons to whom the Individual has reported a Suspicion of Wrongdoing.
- If the Individual has chosen to remain anonymous, the communication referred to in Article 2, para. 6, and Article 3, paras. 1 and 2, will be sent to the person or persons who notified the Chairman of the Executive Board of the relevant report of a Suspicion of Wrongdoing, who will then immediately advise the Individual regarding said communication.
Article 5. Adviser
- An Individual may report a Suspicion of Wrongdoing to an Adviser, seeking advice in confidence.
- Any person having the confidence of the Individual may act as Adviser. An Adviser will be under obligation not to disclose what has been reported.
Section 3. Reporting to an External Third Party
Article 6 When to make external reports
- Having due regard to the provisions of Article 7, an Individual may report a Suspicion of Wrongdoing to an External Third Party as referred to in Article 7, para. 1, if:
- He or she is not satisfied with the decision referred to in Article 3;
- He or she has not received a decision by the required date, as referred to in Article 3, paras. 1 and 2;
- The date is given pursuant to the provisions of Article 3, para. 2, is unreasonably distant in the circumstances and the individual has objected to the delay to the Chairman of the Executive Board.
- There are exceptional reasons as referred to in the following paragraph.
- Exceptional reasons as referred to under d. in the preceding paragraph exist if there is
- an acute risk, involving important public interests requiring urgent attention which make immediate external reporting necessary;
- A situation in which an individual has reason to fear reprisals if the matter is reported internally, despite choosing to remain anonymous, as referred to in Article 4;
- An acute threat of evidence being concealed or destroyed;
- A previous internal report has been made in accordance with these rules of what is essentially the same instance of wrongdoing, without matters having been put right; or
- A statutory duty or power to make direct external reports.
Article 7. External Third Party
- An External Third Party within the meaning of these rules is any organization or representative of an organization, other than the Ombudsman or an Adviser, to which or to whom an Individual reports a Suspicion of Wrongdoing because he or she has good reason to believe that to do so, is in the public interest to such a great extent that that interest should prevail in the circumstances above the interest of the employer in keeping the matter secret and which or who may reasonably be expected either directly or indirectly to be able to stop the suspected wrongdoing.
- Such a report shall be made to the External Third Party that the Individual has good reason to believe is the most appropriate in the circumstances, the Individual having taken account of the effectiveness with which said third party is able to take action and the interest which the employer has in sustaining the minimum damage as a result of such action.
- The greater the possibility of damage to the employer as a result of reporting to an External Third Party, the more the Individual making such a report to an External Third Party should be convinced of the Suspicion of Wrongdoing.
Section 4. Protection under the law
- An Individual reporting a Suspicion of Wrongdoing in accordance with the provisions of these rules will not be disadvantaged in any way whatsoever as a result of having done so.
- An Adviser as referred to in Article 5 or an Ombudsman as referred to in Article 1 who is in the service of the employer will not be disadvantaged in any way whatsoever as a result of acting in that capacity in accordance with these rules.
Section 5. Entry into operation
These rules come into operation on 1 December 2013.