Whistle Blower Policy


  • 1. Introduction
  • 1.1. CuradoTrust (Nederland) BV (“Curado”) is committed to the highest standards of openness, probity and accountability. An important aspect of accountability and transparency is a mechanism to enable staff and other members of the Curado to voice concerns in a responsible and effective manner. It is a fundamental term of every contract of employment that an employee will faithfully serve his or her employer and not disclose confidential information about the employer’s affairs. Nevertheless, where an individual discovers information which they believe shows serious malpractice or wrongdoing within the organisation then this information should be disclosed internally without fear of reprisal, and there should be arrangements to enable this to be done independently of line management (although in relatively minor instances the line manager would be the appropriate person to be told).
     
  • 1.2. Curado has endorsed the provisions set out below so as to ensure that no members of staff should feel at a disadvantage in raising legitimate concerns. It should be emphasised that this policy is intended to assist individuals who believe they have discovered malpractice or impropriety. It is not designed to question financial or business decisions taken by Curado nor should it be used to reconsider any matters which have already been addressed under harassment, complaint, disciplinary or other procedures. Once the "whistle blowing” procedures are in place, it is reasonable to expect staff to use them rather than air their complaints outside Curado.
     
  • 2. Scope of Policy
  • 2.1. This policy is designed to enable employees of Curado to raise serious concerns internally and at a high level and to disclose information which the individual believes shows malpractice or impropriety. This policy is intended to cover concerns which are in the public interest and may at least initially be investigated separately but might then lead to the invocation of other procedures (e.g. disciplinary).
     
  • 2.2. These serious concerns could include:
    • Financial malpractice or impropriety or fraud
    • Failure to comply with a legal obligation
    • Dangers to health & safety or the environment
    • Possible criminal activity
    • Possible fraud or corruption
    • Improper conduct or unethical behaviour
    • Attempts to conceal any of these
       
  • 3. Safeguards
  • 3.1. This policy is designed to offer protection to those employees of Curado who disclose such concerns provided the disclosure is made:
    • in good faith
    • in the reasonable belief of the individual making the disclosure that it tends to show malpractice or impropriety and if they make the disclosure to an appropriate person (see below). It is important to note that no protection from internal disciplinary procedures is offered to those who choose not to use the procedure. In an extreme case, malicious or wild allegations could give rise to legal action on the part of the persons complained about.
       
  • 3.2. Curado will treat all such disclosures in a confidential and sensitive manner. The identity of the individual making the allegation may be kept confidential so long as it does not hinder or frustrate any investigation. However, the investigation process may reveal the source of the information and the individual making the disclosure may need to provide a statement as part of the evidence required.
     
  • 3.3. This policy encourages individuals to put their name to any disclosures they make. Concerns expressed anonymously are much less credible, but they may be considered at the discretion of Curado. In exercising this discretion, the factors to be taken into account will include:
    • The seriousness of the issues raised
    • The credibility of the concern
    • The likelihood of confirming the allegation from attributable sources
       
  • 3.4. If an individual makes an allegation in good faith, which is not confirmed by subsequent investigation, no action will be taken against that individual. In making a disclosure, the individual should exercise due care to ensure the accuracy of the information. If, however, an individual makes malicious or vexatious allegations, and particularly if he or she persists with making them, disciplinary action may be taken against that individual.
     
  • 4. Procedures for Making a Disclosure
  • 4.1. On receipt of a complaint of malpractice, the member of staff who receives and takes note of the complaint must pass this information as soon as is reasonably possible to the CEO and/or the external compliance officer.
     
  • 4.2. Complaints of malpractice will be investigated by the CEO unless the complaint is against the CEO or is in any way related to the actions of the CEO. In such cases, the complaint should be passed to the external compliance officer.
     
  • 4.3. The external compliance officer is Mr. Drs. Edwin J. Weller associated with the Compliance Network, email: edwin@edwinweller.nl
     
  • 5. Time Frame for Investigations
  • 5.1. Due to the varied nature of these sorts of complaints, which may involve internal investigators and/or the police, it is not possible to lay down a precise time frame for such investigations. The investigations should be undertaken as quickly as possible without affecting the quality and depth of those investigations.
     
  • 5.2. The CEO or the external compliance officer should as soon as practically possible, send a written acknowledgement of the concern to the complainant and thereafter report back to the complainant in writing the outcome of the investigation and the action that is proposed. If the investigation is a prolonged one, the CEO or the external compliance officer should keep the complainant informed in writing as to the progress of the investigation and as to when it is likely to be concluded.
     
  • 5.3. All responses to the complainant should be in writing and sent to the complainant's home address.
     
  • 6. Investigating Procedure
    The investigating procedure will be as follows:
    • Full details and clarifications of the complaint should be obtained.
    • The member of staff against whom the complaint is made will be informed as soon as is practically possible. The member of staff will be informed of their right to be accompanied by a representative at any future interview or hearing held under the provision of these procedures.
    • The allegations should be fully investigated with the assistance where appropriate, of other individuals/bodies.
    • A judgement concerning the complaint and validity of the complaint will be made. This judgement will be detailed in a written report containing the findings of the investigations and reasons for the judgement.
    • The CEO will decide what action to take. If the complaint is shown to be justified, then they will invoke the disciplinary or other appropriate Curado procedures.
    • If the compliant is against the CEO, the external compliance officer will send his judgement and advice to the CEO and they will have a thorough conversation.
    • The complainant should be kept informed of the progress of the investigations and, if appropriate, of the final outcome.
    • If appropriate, a copy of the outcomes will be passed to the Curado auditors to enable a review of the procedures.
       
  • 7. Monitoring
    The external compliance officer will monitor the daily operation of this policy and if an employee has any comments or questions, please do not hesitate to let him know.

August 2015