Disciplinary complaint handling & sanctions
|Disciplinary complaint handling & sanctions|
|Version: January 2018|
- All practitioners of Global Network Group have to comply with
- (1) the rules for complaints and disciplinary sanctions
- (2) the code of conduct
- (3) the procedure requirements
- (4) the rules for the use of logo's and word trademarks.
- The code of conduct and the procedure requirements are in addition to the applicable law & regulations within the country where the practitioner is based or operating.
- A disciplinary complaint against a practitioner can be submitted using the online complaint form.
- The disciplinary complaint procedure is limited to 4 stages.
- Pre-audit, routing and possible settlement by Global Network Group
- The GNG management decides within 2 months after receiving the complaint as follows:
- The complaint is rejected
- The complaint will be subject of an internal investigation
- Amicable disciplinary settlement is agreed on
- The complaint will be handled including complaint stage 2 A or 2 B
- The complaint will be handled excluding complaint stage 2 A or 2 B
|Stage 2 A|
- Setting of a reflection period in which the practitioner is given the opportunity to resolve the complaint himself.
|Stage 2 B|
- Naming of a complaint mediator.
- The complaint mediator has the task of examining whether parties can reach a settlement through friendly consultations.
- Global Network Group appoints the complaint mediator.
- The complaint mediator is either an ADR registered and certified practitioner OR an otherwise suitable professional, this is at the discretion of Global Network Group.
- The parties may make an appointment proposal.
- If phase 2 A or 2 B does not lead to a settlement between parties, a complaint committee is appointed.
- The complaints committee shall examine the complaint and reach a verdict.
- The complaint committee is appointed by Global Network Group.
- The complaint committee consists of at least three members.
- The President is an independent lawyer.
- Each party shall bring forth its own candidate; the candidate is required to perform the task undertaken in line with the regulations in force.
- The decision of the complaints committee can be appealed.
- ICC Council handles the appeal.
- The complaint procedure examines only the actions and activities of the practitioner on the basis of the code of conduct and the procedure requirements.
- Hereafter a sentence and / or measure is decided and imposed.
- Within a complaint procedure damages or compensation can never be awarded. For damages or compensation an arbitration or binding advice proceeding should be initiated. A disciplinary complaint procedure is not a substitute for 'regular' legal proceedings.
- The complaint procedure against a practitioners is a final procedure. This means that all other procedures, such as civil proceedings are to be completed before the complaint procedure is performed. If other procedures are still ongoing, the complaint procedure is on hold.
- All full certified practitioners are required to have a professional and business liability insurance.
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