COMPLAINTS POLICY

The complaints policy forms part of the compliance framework. It serves to ensure an accessible, effective, appropriate and fair system for the recording and resolution of all complaints, in order to ensure the fair treatment of stakeholders.
The policy gives clear and concise rules when managing complaints to ensure the compliant, successful and fair resolution thereof.

SCOPE

This policy covers all individuals working at all levels and grades, including managers, officers, directors, employees, consultants, contractors, trainees, homeworkers, part-time and fixed-term employees, casual staff and volunteers (collectively referred to as staff or employees). All staff are responsible for their own compliance with this policy and for ensuring that it is consistently applied.
Breach of this policy will be dealt with under the Disciplinary Procedure and may be treated as gross misconduct which could result in dismissal.

REVIEW OF THIS POLICY

The framework, inclusive of this policy, shall be reviewed annually to ensure that it meets legal requirements and reflects best practice.

DEFINITIONS

“client query” means a request to the provider or the provider’s service supplier by or on behalf of a client, for information regarding the provider’s financial products, financial services or related processes, or to carry out a transaction or action in relation to any such product or service.

“complainant” means a person who submits a complaint and includes a:
(a) client;
(b) person nominated as the person in respect of whom a product supplier should meet financial product benefits or that persons’ successor in title;
(c) person whose life is insured under a financial product that is an insurance policy;
(d) person that pays a premium or an investment amount in respect of a financial product; member;
(e) person whose dissatisfaction relates to the approach, solicitation marketing or advertising material or an advertisement in respect of a financial product, financial service or related service of the provider, who has a direct interest in the agreement, financial product or financial service to which the complaint relates, or
(f) a person acting on behalf of a person referred to in (a) to (f).

“complaint” means an expression of dissatisfaction by a person to a provider or, to the knowledge of the provider, to the provider’s service supplier relating to a financial product or financial service provided or offered by that provider which indicates or alleges, regardless of whether such an expression of dissatisfaction is submitted together with or in relation to a client query, that –
(a) the provider or its service supplier has contravened or failed to comply with an agreement, a law, a rule, or a code of conduct which is binding on the provider or to which it subscribes;
(b) the provider or its service supplier’s maladministration or wilful or negligent action or failure to act, has caused the person harm, prejudice, distress or substantial inconvenience; or
(c) the provider or its service supplier has treated the person unfairly.

“compensation payment” means a payment, whether in monetary form or in the form of a benefit or service, by or on behalf of a provider to a complainant to compensate the complainant for a proven or estimated financial loss incurred as a result of the provider’s contravention, non-compliance, action, failure to act, or unfair treatment forming the basis of the complaint, where the provider accepts liability for having caused the loss concerned, but excludes any
(a) goodwill payment;
(b) payment contractually due to the complainant in terms of the financial product or financial service concerned; or
(c) refund of an amount paid by or on behalf of the complainant to the provider where such payment was not contractually due; and includes any interest on late payment of any amount referred to in (b) or (c).

“goodwill payment” means a payment, whether in monetary form or in the form of a benefit or service, by or on behalf of a provider to a complainant as an expression of goodwill aimed at resolving a complaint, where the provider does not accept liability for any financial loss to the complainant as a result of the matter complained about.

“interference with protection of the personal information” means any breach of :
• the conditions for the lawful processing of personal information
• confidentiality by any person acting on behalf of, or under the direction of the Information Regulator
• requirements in respect of the notification of security compromise
• requirements in respect of direct marketing by unsolicited electronic communications
• requirements in respect of directories
• requirements in respect of automated decision-making
• requirements when transferring personal information outside the Republic of South Africa
• any code of conduct issued under the Act.

“member” in relation to a complainant means a member of a
(a) pension fund as defined in section 1(1) of the Pension Funds Act, 1956 (Act 52 of 1956);
(b) friendly society as defined in section 1(1) of the Friendly Societies Act, 1956 (Act 25 of 1956);
(c) medical scheme as defined in section 1(1) of the Medical Schemes Act, 1998 (Act 131 of 1998); or
(d) group scheme as contemplated in the Policyholder Protection Rules made under section 62 of the Long-term Insurance Act, 1998, and section 55 of the Short-term Insurance Act, 1998.

“rejected” in relation to a complaint means that a complaint has not been upheld and the provider regards the complaint as finalised after advising the complainant that it does not intend to take any further action to resolve the complaint and includes complaints regarded by the provider as unjustified or invalid, or where the complainant does not accept or respond to the provider’s proposals to resolve the complaint.

“reportable complaint” means any complaint other than a complaint that has been
(a) upheld immediately by the person who initially received the complaint;
(b) upheld within the provider’s ordinary processes for handling client queries in relation to the type of financial product or financial service complained about, provided that such process does not take more than five business days from the date the complaint is received; or
(c) submitted to or brought to the attention of the provider in such a manner that the provider does not have a reasonable opportunity to record such details of the complaint as may be prescribed in relation to reportable complaints.

“upheld” means that a complaint has been finalised wholly or partially in favour of the complainant and that
(a) the complainant has explicitly accepted that the matter is fully resolved; or
(b) it is reasonable for the provider to assume that the complainant has so accepted; and
(c) all undertakings made by the provider to resolve the complaint have been met or the complainant has explicitly indicated its satisfaction with any arrangements to ensure such undertakings will be met by the provider within a time acceptable to the complainant.

OUR COMMITMENT

Where a complaint arises, these are viewed as an opportunity to engage with our clients, repair relationships and improve our process and service.
Complaints management processes and procedures must at all times be transparent, visible and accessible. The process to lodge a complaint is communicated to our clients in disclosure documents and is available on our website and in our branches.
Clients will not be charged for lodging complaints.

ALLOCATION OF RESPONSIBILITIES

The governing body, management and key individuals are responsible for effective complaints management and resolution and must approve and oversee the effectiveness of the framework.
An appropriate, competent Complaints Officer has been appointed and is responsible for the approval and implementation of this policy in respect of all complaints, aside from data protection.
The Information Officer is responsible for effective data protection complaints management and resolution and must approve and oversee the effectiveness of the framework. Duties may be delegated but accountability cannot be abdicated.
Any person responsible for making decisions or recommendations in respect of complaints must be adequately trained, have an appropriate mix of experience, knowledge and skills in complaints handling, fair treatment of customers, the subject matter of the complaints concerned and relevant legal and regulatory matters, not be subject to any conflict of interest and be adequately empowered to make impartial decisions or recommendations.

TRAINING

Ongoing training in effective complaint handling, fairness and the internal complaint management system is a requirement, and to give effect this, all staff shall be appropriately trained according to their role, on an annual basis.

PROCEDURE

All complaints shall be managed strictly in accordance with the approved internal procedure, which shall not be overly complicated or impose unduly burdensome paperwork or other administrative requirements on complainants.
To ensure that our customers are treated fairly, and to ensure that our complaints management procedure is effective, efficient, transparent and accessible, any customer who lodges a complaint shall be provided with written details of the procedure which we follow when a complaint is received.

CATEGORISATION OF COMPLAINTS

All complaints shall be categorised in accordance with the following minimum categories:
• design of a financial product, financial service, or related service, including fees, premiums or other charges related to that financial product or financial service; (TCF 2)
• information provided to clients; (TCF 3)
• advice; (TCF 4)
• financial product or financial service performance; (TCF 5)
• service to clients, including premium collection or product lapses; (TCF 5)
• financial product accessibility, changes or switches; (TCF 6)
• complaints handling; (TCF 6)
• risk claims, including non-payment of claims; (TCF 6)
• finance provision or affordability
• other complaints
Additional categories relevant to the business may be added on approval by the Complaints officer. Only categories which are relevant to the business model, products, services and client base, and that will support the effectiveness of the framework in managing conduct risks and effecting improved outcomes and processes for clients may be added.

COMPLAINTS ESCALATION AND REVIEW PROCESS

An appropriate, balanced internal complaints escalation and review process shall be implemented providing for internal escalation of complex or unusual complaints at the instance of the initial complaint handler, or for complaints not resolved to the satisfaction of a complainant.
Complaints shall be escalated to an impartial, senior functionary appointed to manage the escalation or review process. The complaints escalation and review process shall follow a balanced approach, bearing in mind the legitimate interests of all parties involved, including the fair treatment of complainants

DECISIONS RELATING TO COMPLAINTS

Where a complaint is upheld, commitments made to make any compensation payment, goodwill payment or to take any other action shall be carried out without undue delay and within any agreed timeframes.
Where a complaint is rejected, the complainant shall be provided with clear and adequate reasons for the decision and must be informed of any applicable escalation or review processes, including how to use them and any relevant time limits.

OMBUD

We endeavour to resolve complaints before a final determination or ruling is made by an Ombud, through the internal escalation process, without impeding or unduly delaying a complainant’s access to any Ombud.
We clearly and transparently communicate the availability and contact details of relevant Ombud services to complainants at all relevant stages of the relationship with clients, including at the start of the relationship and in relevant periodic communications. This shall be done by way of including these details in our statutory disclosure, as well as in our complaints procedure at our premises, and on our website.
Honest, open and transparent communication procedures shall be implemented when engaging with any Ombud in respect of complaints. Full co-operation shall be given to any Ombud with whom we engage.
We shall regularly monitor determinations, publications and guidance issued by any relevant Ombud with a view to identifying failings or risks in internal policies, services or practices.

INFORMATION REGULATOR

We try to resolve complaints through the internal escalation process, without impeding or unduly delaying a complainant’s access to the Information Regulator.
We clearly and transparently communicate the availability and contact details of the Information Regulator to complainants at all relevant stages of the relationship with clients, including at the start of the relationship and in relevant periodic communications.
Honest, open and transparent communication procedures shall be implemented when engaging with the Information Regulator in respect of complaints.
We regularly monitor determinations, publications and guidance issued by the Information Regulator with a view to identifying failings or risks in internal policies, services or practices.

RECORDKEEPING, MONITORING, AND ANALYSIS OF COMPLAINTS

All information in respect of complaints and complaint-related information must be accurately, efficiently and securely recorded and stored, for a period of 5 years after the resolution of such complaint.
The Complaints Officer will keep a register and record of all complaints. The register will record at least the following information on every complaint:
• Details of the complaint
• Categorisation of the complaint
• Progress made
• Escalation and appeal of the complaint
• Responsible person to deal with the complaint
• Escalation to any Ombud
• Outcome (including compensation, where applicable)
• Date when a complaint has been resolved; and
• Whether the complaint is a reportable complaint in terms of legislation
The records held will have all the relevant information of the complaint including all documentation related to the complaint.

MANAGEMENT INFORMATION AND ACTION

Complaints Management Information shall be analysed and utilised to identify trends, manage conduct risks and effect improved outcomes and processes for clients, and to prevent recurrences of poor outcomes and errors.
The following management information shall be provided by the Complaints Officer, to the Governing body or Executive Management on a regular basis, in the correct form and format:
• complaints received and their classification
• complaints upheld;
• rejected complaints and reasons for the rejection;
• complaints escalated
• complaints referred to an Ombud and their outcome or status;
• number and amounts of compensation payments made;
• number and amounts of goodwill payments made;
• complaints outstanding;
• applicable new determinations

REPORTING COMPLAINTS INFORMATION

Internal procedures shall ensure all required reporting to any relevant designated authority or the public in general. The following information must be recorded in respect of reportable complaints:
• all relevant details of the complainant and the subject matter of the complaint;
• copies of all relevant evidence, correspondence and decisions;
• the complaint categorisation
• progress and status of the complaint, including whether such progress is within or outside any set timelines.

COMPLAINTS SYSTEM REVIEW

We shall regularly review and analyse the complaint management system to gauge the systems’ efficiency and effectiveness. Both quantitative measurement (for example, the number of complaints resolved in a given period) and qualitative measurement (for example, the degree of customer satisfaction with the process) shall be undertaken.

HOW TO MAKE A FORMAL COMPLAINT

Formal complaints should be in writing and can be sent by email to the Complaints officer. The reason for placing the complaint in writing is to protect you and to elicit from you the exact reasons for your complaint. While telephone calls may be recorded and may be used in the complaints facts gathering process, voice recording may still be subject to interpretation and is not suitable for a formal complaints process.

The following information must be provided in order for us to better assist you:

• Your  name, surname and contact details;
• A description of your complaint including details of the person, area or institution;
• Details of when and where the transaction took place;
• The name of the person who provided you with the financial service;
• Documentation relating to your complaint;
• Method of preferred communication

We request that you lay out every detail of your complaint and set out why you believe you have cause to file a formal complaint and state what satisfaction you anticipate receiving. Substantiate your claims with as much supporting documentation as you can. Copies of letters, receipts or extracts from policy documents or other related documentation will assist us in determining the nature and extent of your complaint and managing this accordingly. We are prepared to meet with you, should you consider this necessary, subject to any time or travel restrictions. Meetings will be treated as a formal enquiry and will be recorded, and you are entitled to a copy of this recording. We will treat every complaint fairly and thoroughly and provide a response as quickly as possible within the limits set below. There is no fee or charge for any complaint investigation.

PROCEDURE AFTER RECEIVING A COMPLAINT

We will:

1. Acknowledge receipt, in writing, within 2 working days of receiving your complaint, and add your complaint to our internal complaints register.
2. Your complaint will be allocated to a suitable, trained staff member, and we will ensure there is no conflict of interest in this appointment. This will not be the person against whom the complaint is being lodged. You will be provided with the contact details and name of the person dealing with your complaint as a reference.
3. We may ask for additional  information if needed. If you need further assistance from us, in order to clarify your complaint, we are happy to help.
4. To keep things speedy, and where your complaint relates to something which is routine or easy to investigate, we will attempt to resolve your matter within 5 working days. This may not always be possible where your complaint relates to matters which require more in-depth investigation or where we rely on third parties for additional information. Should this be the case, we will inform you of the expected period.
5. For more complex matters, we will investigate, attempt to resolve within 20 working days, or after receiving any additional information we require, however we will provide you with a response within 10 working days.
6. If we require further time to investigate the complaint, this will be communicated to you in writing.
7. We will keep you regularly updated in respect of progress made, and all communications with you will be in plain and simple language.
8. We will let you have our response in writing, with full reasons, within 2 days of a decision being reached. Please note that certain decisions may have to be approved by the governing authority of the organisation. In such a case, we will communicate that fact to you, as well as the date on which a decision will be taken.
9. Where a decision is reached which requires action on our part, we will ensure this is effected immediately, or we will provide you with a timeline within which such actions will be completed.

We request that you give us feedback on our process, on how your matter was handled, and whether you are satisfied, once the matter has been finalised. This will help ensure that we keep improving our processes and service to you. In the event of us not reverting to you within the time periods indicated above, please contact the complaints officer for an explanation as to why we have not yet communicated with you. Please do not accept any communication from any person until it has been confirmed in writing.

RESTRICTIONS TO THE COMPLAINTS PROCESS

In some cases, there may be a formal manner of submitting a complaint. For instance, if the complaint falls within the scope of the Promotion of Access to Information Act, then there may be a more formal method of applying. We will advise you if this or any other instance arises. Where a complaint is in respect of a product supplier, we will assist as far as possible, and may need to forward your correspondence to their internal complaints department. We will notify you of this should this be the case. In the event that you are complaining on behalf of someone else, we will require a copy of your authority to act on behalf of such person, in order to protect their confidential information.

WHAT TO DO WHEN YOU AR ENOT SATISFIED WITH THE RESPONSE 

ESCALATION

Should you not be satisfied with the outcome and require a review of the process followed, please request an escalation. In this instance, we will escalate the matter if possible and review the procedure followed to identify any issues which may be erroneous. Where you wish to escalate a complaint, this will be assigned to the relevant manager for resolution. An escalation of a complaint relates to a complaint about the complaints process.

APPEAL

You can internally appeal any decision made. The appeal will be heard by an appropriate senior staff member if possible. We are prepared to consider any new information or argument that may arise in terms of the foregoing process where this is material to the matter at hand. Where the matter has already been heard by the most senior staff member, an appeal is not possible, and you will be required to refer the matter externally. In the event of us not being able to resolve the complaint or if you are not satisfied with our response, your complaint can be forwarded with the FAIS Ombud, or any other Ombud who has jurisdiction, contact details below. Alternatively, you may approach your own legal counsel.

OMBUD COMPLAINTS

The FAIS Ombud has jurisdiction only after we have been afforded a 6 week period within which to address your complaint. The FAIS Ombud will not adjudicate in matters in excess of R3 500 000.

Complaints must be forwarded to the Ombud within a 6-month period. If you already instituted action in a court of law in respect of this complaint the Ombud will not consider the complaint. If the complaint was not resolved through conciliated settlement, the Ombud may make a determination which has the same legal status of a civil court judgement. An award of costs may be made against the person complained against. An award of costs may be made against you if your conduct was improper or unreasonable, or if you caused an unreasonable delay in the finalisation of the investigation. Ombud determinations may be appealed.

NATIONAL FINANCIAL OMBUD SCHEME (LONG-TERM & SHORT-TERM OMBUD)

• Claremont Central Building 6th Floor, 6 Vineyard Road, Claremont, Western Cape, 7700
• Johannesburg: 110 Oxford Road, Houghton Estate, Johannesburg, Gauteng, 2198
• Tel: 0860 800 900                      
• WhatsApp: 066 473 0157       
• E-Mail: info@nfosa.co.za

FAIS OMBUD DETAILS FOR ALL FAIS ADVICE RELATED COMPLAINTS

• 125 Dallas Avenue Menlyn Central, Waterkloof Glen, Pretoria 0010
• Tel:  012 762 5000                                  
• Sharecall: 086 066 3274              
• E-mail: info@faisombud.co.za

PROTECTION OF PERSONAL INFORMATION

To provide you with a proper complaints management process, we may require personal information from you, including your name, contact details, and full details of the complaint and the events giving rise to the complaint. If you do not provide us with this, we are unable to adequately assist you.

Information which we obtain from you during the course of managing your complaint will be made available to/ processed by internal staff where required for the purpose of investigating, managing, defending or resolving your query or complaint, as well as our compliance practice for audit purposes, external auditors, any applicable Regulator and any Ombud who has jurisdiction. We will also use your information to perform statistical and other analysis in order to better improve our services to you.

We keep all records of complaints for a minimum period of 5 years. This is a statutory recordkeeping requirement. It is our business practice, however, to retain records indefinitely so that we can identify possible trends and avoid similar complaints going forward and as such, your personal information (as per the Protection of Personal Information Act – POPI) will similarly be held.

You are entitled to object to this, as well as request details of your information held to ensure this is correct and accurate. You are also entitled to request the deletion of your personal information.