The role of Ombuds in CPA Dispute Resolution. N Melville

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1 The role of Ombuds in CPA Dispute Resolution N Melville

2 What is an Ombudsman? DEFINITION A government official, especially in Scandinavian countries, who investigates citizens' complaints against the government or its functionaries. An independent, impartial public official with authority and responsibility to receive, investigate or informally address complaints, and, when appropriate, make findings and recommendations, and publish reports.. African Ombudsman Association Standards

3 What is an Ombudsman? ORIGIN Swedish King Charles XII in self-exile in Turkey 1713 Muslim: Mohtasib -toured through the cities, towns and marketplaces to ensure that officials were acting correctly and morally, that customers were not cheated, and to offer resolution of disputes.

4 What is an Ombudsman? GENDER NEUTRAL The origin of the word is found in an Old Norse word umbodhsmadhr meaning representative of the people. In the 16th century, there was the Norwegian "ombudsmann" and the Danish "ombudsmand."

5 Traditional forms dispute resolution Ethiopians Emba Tebaki ( Keeper of the People's Tears') now = ombudsman Zulu culture of South Africa Lomxazululi' ( Solver of Problems ) also = ombudsman

6 The role of Ombudsman in Dispute Resolution What is an Ombudsman The CPA Accredited Ombudsman Role and Function

7 The CPA Accredited Ombudsman Third-party dispute resolution is advantageous to business because it enables expeditious, economical and fair complaint resolution without legal action.

8 Protection of Consumer Rights and Consumer s Voice Complaint options TRIBUNAL EQUALITY COURT COURT INDUSTRY / OMBUD NATIONAL CONSUMER COMMISSION CONSUMER COURT/ PROTECTOR ADR AGENT INDUSTRY BODY INTERNAL CONSUMER BODY MEDIA

9 HIGH COURT APPEAL/ REVIEW CONSENT ORDER TRIBUNAL COURT FINDING OF LIABILITY CONSUMER: NON REFERRAL/ LEAVE OF THE TRIBUNAL COMMISSION: APPLICATION FOR ADMINISTRATIVE FINE AWARD DAMAGES COMMISSION CONSUMER COURT OMBUD SUPPLIER: NO OMBUD SUPPLIER: UNDER OMBUD ADR AGENT * COMPLAINANT

10 The Code S 82(2) The Commission, acting on its own initiative, or in response to a proposal from persons conducting business within a particular industry, may recommend a proposed industry code to the Minister

11 The Code AFTER (a) publishing it for public comment; (b) considering any public submissions; (c) consulting with (i) persons conducting business within the relevant industry; and (ii) relevant accredited consumer protection groups

12 The Code PROCESS The CGCSA and its members set up working group, draft code Bilaterals with NCC NCC published Code Guidelines Code reworked to comply with guidelines PUBLISHED IN GAZETTE 9 MAY 2013 Representations received from businesses and associations

13 The Code PROCESS Face-to-face meetings with entities making representations REPORT TO NCC: respond to concerns raised, indicate those accommodated and reasons for ignoring others NCC advises to scrap recall guidelines and Reference Schedules Decision to operate as NP Company

14 The Code PROCESS Revised Code workshopped with Committee, reworked and re submitted/ reworked Result presented to Board then NCC Further revisions required by NCC Further discussions with NCC/ revisions Changes to MOI to reflect changes to Code MOI submitted to Board/ registered Code to NCC for Minister

15 The Code COMPARE FSOS OMBUDS Require Terms of Reference & Procedures in line with FSOS Act & Regs Required to submit information re scheme and documents with application Required to appear before FSOS Council for grilling Approval

16 The Code Features of the Code Code may be supplemented with s 93 codes Code enables alternative dispute resolution Industry led/ buy in Specific to an industry Enforceable as a regulation

17 The Code All suppliers in the consumer goods and services industry, including retailers, suppliers, wholesalers, distributors, manufacturers, producers, importers, intermediaries, logistics and supply chain agents UNLESS Code applies to: they are regulated elsewhere by a code prescribed by the Minister and/ or a complaint falls within the jurisdiction of an Ombud with jurisdiction, or an industry Ombud

18 Ombud Features Independent of parties Operates on a last resort basis Even-handedness and fairness central Facilitation and recommendations central Settlement can be converted into Consent Order by Tribunal Dissatisfied complainants can escalate to Commission

19 Ombud Model 1. Complain to supplier 2. Escalate to Ombud 3. If not considered by member, refer back 4. Time limit 18 months 5. Refer to other appropriate bodies 6. Investigate and Facilitate 7. Escalate to recommendation

20 Ombud Model

21 Ombud Recommendation Audi alteram partem (listen to both sides) Non binding But consequences Report in Annual Report Report to Association Report to Commission / Tribunal

22 Ombud Confidentiality Personally identifiable information should be kept confidential and protected, except to the extent it is necessary to provide it to the other party for the sole purpose of resolving a dispute, unless disclosure is required by law, or consent for disclosure is obtained from the person concerned

23 Ombud Confidentiality Trade secrets, financial, commercial, scientific or technical information, if disclosure of the information is likely to cause harm to the commercial or financial interests of a person The CGSO shall determine whether the information should be treated as confidential information If the CGSO determine the information not confidential not use to reach a decision adverse to the other party

24 The Code Obligations on participants Participate in the scheme Establish an internal complaints-handling process Advise customers that bound by Code Provide details of how complainants may lodge complaints Provide consumers with the contact details of Consumer Goods and Services Ombud Ensure that relevant staff members have suitable working knowledge of Act, Code and CGS Ombud s Procedures

25 GUIDELINES FOR COMPLAINTS HANDLING 1. Visibility GOVERNMENT GAZETTE, 23 MAY 2012 Information about how and where complaints should be lodged must be well publicized to the consumers, suppliers, staff and other interested parties. 2. Accessibility A complaints handling process should be easily accessible to all complainant. This means that the process should be easy to understand and use. The information and the assistance in lodging a complaint should be in a clear language. 3. Responsiveness Receipt of each complaint should be acknowledged immediately. Complaint should be addressed promptly in accordance with their urgency. The complainant should be treated with courtesy and be kept informed of the progress of their complaint through the complaint handling process.

26 GUIDELINES FOR COMPLAINTS HANDLING 4. Objectivity GOVERNMENT GAZETTE, 23 MAY 2012 Each complaint should be addressed in an equitable, objective and unbiased manner through the complaints handling process. 5. Charges Access to the complaints handling process should be free of charge to a complainant. 6. Confidentiality Personal information of the complainant should be available where needed, but only for the purpose of addressing the complainant within the organization and should be actively protected from disclosure, unless the complainant expressly consents to its disclosure. 7. Customer Focus Approach Adopt a customer focus approach, should open to feedback including complaints, and should show commitment to resolving complaints

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