Whistle Blower Policy 2016

General

Key Insurance Company Limited’s Code of Business Conduct and Ethics referred to as “The Code” within this document requires Directors, Officers and Employees of the Company to observe high standards of professional and personal ethics in the conduct of their duties and responsibilities (please see the Company’s Code of Business Conduct and Ethics Document). As employees and representatives of Key Insurance Company Limited, we are required to practice honesty and integrity in fulfilling our responsibilities and comply with all applicable laws and regulations of Jamaica.

This Policy is intended to outline the protections afforded to the Directors, Officers and Employees of Key Insurance Company Limited in the effect that they discover any type of wrongdoing while employed to or affiliated with the Company.

Reporting Responsibility

It is the responsibility of all Directors, Officers and Employees to comply with “the Code” and to report violations or suspected violations in accordance with this “Whistleblower Policy” endorsed by the Company.

No Retaliation

No Director, Officer or Employee who in “good faith” reports a violation of the Code shall suffer harassment, retaliation or adverse employment consequence as a result of such reporting.

An employee who retaliates against someone who has reported a violation in “good faith” is subject to disciplinary action up to and including termination of employment. Some types of harassment may be considered criminal and criminal sanctions may be brought against the employee. This Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within the Organization prior to seeking resolution outside the Organization.

Reporting Violations

The Code advocates and affirms the Organization’s “Open Door Policy” and suggests that employees share their questions, concerns, suggestions or complaints with the appropriate authority within the Company. This individual is expected to address all concerns in a professional manner. In most cases, you are encouraged to speak with either the Company’s Director of Administration and Operations or a Member of the Company’s Board of Directors. If the nature of the breach is one which falls under the heading of Anti-Money Laundering or a Criminal breach; it may be reported only to the Company’s Nominated Officer for Compliance only. (Please see Appendix One (1) for names and contact numbers.

Procedure: Process for raising a concern

The Whistle blowing Procedure is to be used for only serious issues. An example of a serious brief would be those relating to errors in financial reporting that seem purposeful, conduct that seems extremely unethical in nature or illegal.

Incidents may be reported via letter in a sealed envelope marked Private and Confidential. They may also be sent via email directly to an individual. Please outline in your complaint:

  • The Name of the individual involved
  • The seriousness of the issue raised
  • All the circumstances surrounding the incident
    • Please be detailed in your account
  • The date or dates of the incident
    • This is imperative in order to investigate claims made
  • If there were more than one person involved

Anonymous Allegations:

Key Insurance Company Limited will accept and investigate claims made anonymously. Unfortunately, often individuals making claims in this was often do not submit the correct or enough information for the company to make a proper investigation. With no way to follow up on a complaint the investigation process may be frustrated or not possible without getting the input/ clarification or additional input of the individual submitting the complaint.

Confidentiality:

Every effort will be made to keep the complainants identity confidential if an alleged claim is proven.

Please be assured your information will be kept in the strictest of confidence!

Ordinary Complaints:

Regular employment concerns should go through your normal employment channels for example a supervisor or Manager.

Nominated Officer for Compliance

The Organization’s Nominated Officer for Compliance is responsible for investigating and resolving all reported complaints and allegations concerning violations of the Code and, at his/her discretion, shall advise the Managing Director/ Members of the Board of Directors and/or the relevant statutory committee (Audit and or Conduct Review). The Nominated Officer for Compliance has direct access to the Audit Committee of the Board of Directors and is required to report to the Board of Directors and Audit Committee at least annually on compliance activity. Incidents of breaches to policy or codes may be discussed. Names are not disclosed as per this policy of persons who have brought incidents to the attention of the Company or “ authorized entities”. The compliance Officer should not report to the members of the board who are the subject of possible investigations. In such cases the Board Chairman should be consulted on how to proceed. Outside legal counsel  may be obtained.

Accounting and Auditing Matters

The Audit Committee of the Company’s Board of Directors shall address all reported concerns or complaints, regarding corporate accounting practices, internal controls or auditing. The Nominated Officer for Compliance shall immediately notify the Audit Committee of any such complaint and work with the committee until the matter is resolved.

Acting in Good Faith

Anyone filing a complaint concerning a violation or suspected violation of the Code must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Code. Any allegations that prove not to be un-substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.

Confidentiality

Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.

Handling of Reported Violations

The Nominated Officer for Compliance will notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation.

Procedure

 1. Process for Raising a Concern

To whom is a Report to be made?

  • Report is to be made to Senior Manager if the complaint regards standard work breach/error/omission in area of Claims/ Underwriting
  • Report to be made to Managing Director if the complaint is  in the area of Human Resources/ Public Relations/ Systems/ Marketing
  • Report on an accounting breach for a standard work breach/ error or omission may be made directly to the Company’s Financial Controller.
  • Report to be made directly to Managing Director if it involves a Manager or Senior Manager in the area of Claims/ Underwriting
  • If at any time you do not feel comfortable approaching a Manager or Senior Manager regarding a standard work breach/ error/ omission on the part of your co-worker you may contact the Managing Director
  • Report any breach of policy/ error or omission that may fall under the umbrella of POCA/ Anti-Money Laundering or Fraud directly to the Nominated Officer for Compliance.
  • If you are in doubt as to whom you should report a breach contact the Nominated Officer for Compliance for guidance

How is the Report to be submitted?

  • Report is to be submitted via email
  • If the claimant wishes to remain anonymous report can be made via a letter sent through the mail

Timing of the submission

  • Complaints should be made as soon as is possible after an individual has witnessed an infraction
  • The longer you wait to submit a claim the more difficult it becomes to investigate

Evidence

  • Employees are not expected to prove the truth of an allegation.
  • It is the responder that is expected to investigate a claim or forward a claim to the appropriate member of staff that will then investigate
  • However the individual should be able to give enough information that a claim can be substantiated.
  • Please remember to include as many dates, names, policy numbers and places the incident/s may have occurred to lend legitimacy to the claim.

2. How Report will be handled

Please note all responses are taken seriously.

 What will the response be?

  • The action taken by the Employee receiving the report may vary depending on the allegations in the report.
  • If a name is included the first response will be to contact the person making the complaint.
  • Clarification of information may be needed.
  • Initial inquires will be made to determine whether the information is valid and whether an investigation is appropriate.
  • Sometimes a issue may be resolved without the need for investigation. However this will never be the case in claims of a criminal nature.

 Who will be given the Information

  • The individual taking the report should will not pass on the name of the individual making the report unless he/she has agreed this can be done.
  • The individual who takes the report may feel they need another individual to investigate and may pass on enough information to allow an investigation to be done.
  • If warranted the Company may need to pass information on to the designated authorities outside the Company.
  • Legal advisors may be required to be given information in the event the complaint is taken to a legal level.

Will I be contacted?

  • If the Company has enough evidence to take action there may be no need for you to be contacted
  • However in the event that the complaint becomes a legal matter the designated authorities may require your input.
  • The amount of contact will depend on the nature of the issue and the clarity of information provided and whether what was said could be easily confirmed.

Can I still remain anonymous if the breach is part of a criminal action?

  • You may choose to remain anonymous.
  • Please be advised: that remaining anonymous may not be a smart option if this complaint involves a criminal action.
  • Under POCA regulations, individuals have a duty to report. Should you remain anonymous, it may be difficult to later prove it was you that reported the breach and therefore were not guilty of a crime under the law.

Will I be called to give testimony in court?

  • It is possible in the event that an investigation must go to court that you may be asked to testify in court.