Whistleblowing Policy

You are here: / / / Whistleblowing Policy

Purpose

  1. This policy says how a person connected with Sparrows can report a real concern about suspected wrongdoing. They can do so safely, and without fear of what might happen to them. Fraud and risks to a child's safety are the most serious examples.
  2. This policy is not for a person's own grievance about how they are treated. The Grievance Policy covers that. It is also not for a concern that is already in the Disciplinary Code and Procedure. It is how a concern is first raised, in confidence, before it becomes a grievance or a disciplinary matter.

Who May Report, and What

  1. Any employee, volunteer or Board member may raise a concern under this policy. So may a contractor, consultant, agent or agency worker who works for Sparrows.
  2. A concern must be genuine and made in good faith. The person raising it does not need to be certain that wrongdoing has happened. They need only honestly believe that it may have. They must not make a report they know to be false.
  3. This policy covers a concern that any of these things has happened, is happening, or may happen:
    1. A crime, such as fraud, theft or the misuse of Sparrows' funds (the Anti-Fraud and Corruption Policy also applies);
    2. A safeguarding concern involving a child in Sparrows' care;
    3. A legal duty not kept, or a serious breach of a Sparrows policy, by a staff member, volunteer or Board member;
    4. Danger to the health or safety of any person;
    5. Unfair discrimination against someone;
    6. A miscarriage of justice, or damage to the environment; or
    7. An attempt to hide any of these matters.

Reporting Channel

  1. A concern is usually reported to the Executive Director.
  2. If the concern is about the Executive Director, it goes to the Board Chairperson. So does a concern the person has a good reason not to tell the Executive Director.
  3. A report may be made verbally or in writing. The person who receives it writes it down as soon as possible, even if the person raising the concern does not.
  4. A person who works with children at Sparrows may decide, on reasonable grounds, that a child has been abused or deliberately neglected. The law then says they must report it to the police, the provincial Department of Social Development or a designated child protection organisation (section 110(1) of the Children's Act, 2005). Telling the Executive Director or the Board Chairperson is not enough. The Child Protection Policy says how to report. The duty applies whether or not this policy is also used.
  5. If the concern is about the Board Chairperson, it goes to the Vice-Chairperson instead. If it reaches the Executive Director or the Board Chairperson first, that person passes it to the Vice-Chairperson at once.
  6. A report may be made anonymously, for example in an unsigned letter. Sparrows looks into it as far as the information in it allows.

Protection Against Retaliation

  1. No person who raises a concern in good faith under this policy may be victimised, punished or put at a disadvantage because they did so. This applies to their job, their volunteer role and their place on the Board. It applies even if an investigation finds that the concern was mistaken.
  2. This protection does not cover a report made in bad faith, or one the person knew to be false. Giving information that the person knows to be false, in order to harm someone, is a crime if it does cause harm (section 9B of the Protected Disclosures Act, 2000).
  3. The name of a person who raises a concern is kept confidential, as far as the law allows and a fair investigation permits. Sometimes it must be given out, for example because a disciplinary or legal process needs it. The person is told first, where that is possible.
  4. No contract or agreement with Sparrows can stop a person from making a protected disclosure, or discourage them from doing so. A term that tries to has no effect (section 2(3) of the Protected Disclosures Act, 2000).
  5. A person who thinks they have been victimised for raising a concern tells the Board Chairperson. If the complaint is about the Chairperson, they tell the Vice-Chairperson. It is dealt with as a new concern under this policy, and not under the Grievance Policy.
  6. A person who is victimised also has rights outside Sparrows. They may go to the Labour Court or use the dispute process in the Labour Relations Act, 1995 (section 4 of the Protected Disclosures Act, 2000). A dismissal for making a protected disclosure is automatically unfair (section 187(1)(h) of the Labour Relations Act, 1995).

What Happens to a Report

  1. The person who gets a report under §3 first decides if it is a real concern that this policy covers.
  2. A concern that is genuine goes to the Board. If it is about the Executive Director, it goes straight to the Board and is not passed through the Executive Director. If it is about a Board member, that member takes no part in how the Board deals with it. If it is about the Board Chairperson, the Vice-Chairperson takes the Chairperson's place.
  3. If the concern seems to show fraud or corruption, it is dealt with under the Anti-Fraud and Corruption Policy. If it seems to show a risk to a child's safety, it is dealt with under the Child Protection Policy and the Emergency and Crisis Management Policy. Those duties apply as well as this policy. They do not replace it.
  4. The person who got the report under §3 makes sure that the person who raised it is told in writing what has been decided, as follows:
    1. Within 21 days of the report, Sparrows says whether it will investigate, pass the matter to someone better placed to deal with it, or not investigate, and why. If it will investigate, it gives the likely time it will take, where it can.
    2. If Sparrows cannot decide within 21 days, it says so in writing, and sends an update at least every two months. It decides within six months of the report.
    3. When an investigation ends, Sparrows tells the person the outcome.
    4. Sparrows cannot do this for an anonymous report when it does not know who made it. It need not give the information in §5.4.1 or §5.4.2 if doing so would put the investigation of a crime at risk.

Records, Awareness and Reporting to the Board

  1. The person who gets a report enters it in the Whistleblowing Register as soon as possible. The Register is confidential. The Executive Director keeps it. The Board Chairperson keeps the entries about the Executive Director.
  2. Every new employee, volunteer and Board member is told about this policy and how to report a concern when they start. A contractor, consultant, agent or agency worker is told when their work begins. The Executive Director reminds everyone about this policy each year.
  3. At each ordinary Board meeting, the Board is told how many reports have been received since the last meeting, and what became of each. The names of the people who made them are not given. The Board Chairperson gives this report for any concern about the Executive Director.

Review

  1. The Board reviews this policy every year.