The purpose of this policy is to facilitate the disclosure and investigation of serious wrongdoing in the workplace, and to provide protection for employees and other workers who report concerns. For New Zealand “serious wrongdoing” also includes behaviour that is a serious risk to the health and safety of any individual.
Fusion5 encourages the reporting of any instances of suspected unethical, illegal, corrupt, fraudulent or undesirable conduct involving Fusion5’s business and provides protections and measures to individuals who make a disclosure in relation to such conduct without fear of victimisation or reprisal.
This policy applies to any person who is, or has been, any of the following with respect to Fusion5:
- Employee;
- Officer;
- Director;
- Contractor (including sub-contractors and employees of contractors);
- Supplier (including employees of suppliers);
- Consultant;
- Auditor;
- Associate; and
- Relative, dependant, spouse, or dependant of a spouse of any of the above.
Any breach of this policy will be taken seriously and may result in disciplinary action, up to and including termination of employment.
In so far as this policy imposes any obligations on Fusion5, those obligations are not contractual and do not give rise to any contractual rights. To the extent that this policy describes benefits and entitlements for employees, they are discretionary in nature and are also not intended to be contractual. The terms and conditions of employment that are intended to be contractual are set out in an employee’s written employment contract.
1.1 Protection of Whistleblowers
Fusion5 is committed to ensuring that any person who makes a disclosure is treated fairly and does not suffer detriment and that confidentiality is preserved in respect of all matters raised under this policy.
The person making a disclosure under this policy or participating in any investigation will not be subject to any civil, criminal or administrative legal action (including disciplinary action) policy. Any information provided will not be admissible in any criminal or civil proceedings other than for proceedings in respect of the falsity of the information.
If a disclosure is made under this policy, the identity (or any information which would likely to identify the person) will only be shared if:
- Consent is given to share that information; or
- The disclosure is allowed or required by law (for example where the concern is raised with a lawyer for the purposes of obtaining legal advice);
- The concern is reported to a Governing Body ie; Australian Securities and Investments Commission, Australian Taxation Office or New Zealand Inland Revenue, Australian or New Zealand Police, New Zealand Serious Fraud Office, New Zealand Ombudsman Office etc.
Where it is necessary to disclose information for the effective investigation of the matter, and this is likely to lead to the persons identification, all reasonable steps will be taken to reduce the risk of being identified.
1.2 Support Available
Any person who makes a disclosure under this policy or is implicated as a result of a disclosure that is made may access Fusion5’s Employee Assistance Programme (EAP) which is a free (up to three sessions) and confidential counselling service.
Where appropriate, Fusion5 may also appoint an independent support person to deal with any ongoing concerns.
1.3 Making a Disclosure
Fusion5 relies on its employees maintaining a culture of honest and ethical behaviour. Accordingly, if a person becomes aware of any Reportable Conduct, it is expected that a disclosure will be made under this policy.
When making a disclosure, this may be done anonymously. It may be difficult for Fusion5 to properly investigate the matters disclosed if a report is submitted anonymously and therefore Fusion5 encourages people to share their identity when making a disclosure, however this is not required.
There are several ways in which a report or disclosure of any issue or behaviour which is considered to be Reportable Conduct.
1.4 Reportable Conduct
A report or disclosure under this policy can be made if there are reasonable grounds to believe that a Fusion5 director, officer, employee, contractor, supplier, consultant or other person who has business dealings with Fusion5 has engaged in conduct (‘Reportable Conduct’) which is:
- Dishonest, fraudulent or corrupt;
- Illegal (such as theft, dealing in or use of illicit drugs, violence or threatened violence and criminal damage to property);
- Unethical including any breach of Fusion5’s policies;
- Potentially damaging to Fusion5, its employees or a third party;
- Misconduct or an improper state of affairs;
- A danger, or represents a danger to the public or financial system;
- Harassment, discrimination, victimisation or bullying.
For the avoidance of doubt, Reportable Conduct does not include personal work-related grievances.
A personal work-related grievance is a grievance about any matter in relation to a staff member’s current or former employment, having implications (or tending to have implications) for that person personally and that do not have broader implications for Fusion5.
Examples of personal work-related grievances are as follows:
- An interpersonal conflict between the staff member and another employee;
- A decision relating to the engagement, transfer or promotion of the staff member;
- A decision relating to the terms and conditions of engagement of the staff member;
- A decision to suspend or terminate the engagement of the staff member, or otherwise to discipline the staff member.
1.4.1 Internal Reporting
Disclosure of any Reportable Conduct to the Whistleblower Protection Officers listed below or by using the Protected Disclosure Form:
- General Manager People & Performance;
- Pillar Director;
- General Manager;
- CEO
- Protected Disclosure Form
The Whistleblower Protection Officer or eligible recipient will safeguard the persons interests and will ensure the integrity of the reporting mechanism.
1.4.2 Reporting to a Legal Practitioner
Discussion of concerns can be had with a legal practitioner for the purposes of obtaining legal advice or representation. Any reporting of concerns to a legal practitioner will be covered by the protections outlined in this policy.
1.4.3 External Reporting
New Zealand
If it is not appropriate (for instance if it is reasonably believed that the Whistleblower Protection Officer is involved in the serious wrongdoing), or a complaint has been made and no action has been taken within 20 working days, or there are urgent or exceptional circumstances, this matter should be reported to the Serious Fraud Office. Additionally, external disclosures can be made via the Fusion5 website using the Protected Disclosure Form.
Australia
A disclosure can be made to the Australian Securities and Investments Commission (ASIC) or the Australian Prudential Regulation Authority (APRA) in relation to a Reportable Conduct. Disclosures will be covered by the protections outlined in this policy. Additionally, external disclosures can be made via the Fusion5 website using the Protected Disclosure Form.
1.5 Investigation
Fusion5 will investigate all matters reported under this policy as soon as practicable after the matter has been reported. The Whistleblower Protection Officer will investigate the matter and where necessary, appoint an external investigator to assist in conducting the investigation. All investigations will be conducted in a fair, independent and timely manner and all reasonable efforts will be made to preserve confidentiality during the investigation.
If the report is not anonymous, the Whistleblower Protection Officer or external investigator will contact the person to discuss the investigation process and any other matters that are relevant to the investigation. Where the person has chosen to remain anonymous, the identity will not be disclosed to the investigator or to any other person and Fusion5 will conduct the investigation based on the information provided to it.
Where possible, the Whistleblower Protection Officer will provide feedback on the progress and expected timeframes of the investigation. The person against whom any allegations have been made will also be informed of the concerns and will be provided with an opportunity to respond (unless there are any restrictions or other reasonable bases for not doing so).
To the extent permitted by law, the Whistleblower Protection Officer may inform the person who has raised the concern and/or the person against whom allegations have been made of the findings. Any report will remain the property of Fusion5 and will not be shared with the person who has reported the concerns or any person against whom the allegations have been made.
1.6 Protection against Detrimental Conduct
Fusion5 (or any person engaged by Fusion5) will not engage in ‘Detrimental Conduct’ if disclosure has been made under this policy. Detrimental Conduct includes actual or threatened conduct such as the following (without limitation):
- Termination of employment;
- Injury to employment including demotion, disciplinary action;
- Alternation of position or duties;
- Discrimination;
- Harassment, bullying or intimidation;
- Victimisation;
- Harm or injury including psychological harm;
- Damage to person’s property;
- Damage to a person’s reputation;
- Damage to a person’s business or financial position; or Any other damage to a person.
Fusion5 will take all reasonable steps to protect the person making the disclosure from Detrimental Conduct and will take necessary action where such conduct is identified. Fusion5 also prohibits all forms of Detrimental Conduct against any person who is involved in an investigation of a matter disclosed under the policy in response to their involvement in that investigation.
If a person is subjected to Detrimental Conduct as a result of making a disclosure under this policy or participating in an investigation, this should be made known to a Whistleblower Protection Officer or eligible participant in accordance with the reporting guidelines outlined above.
×