Whistle Blowing Policy
Executive Summary
Mesopotamian Eagles Security MES is an Iraqi provider of security services and solutions to corporate, governments and organisations throughout Iraq. The extensive presence of the Company and the diversity of its business represents a challenge to normal means of communication and the possibility that senior managers may not be aware of critical issues that they ought to be aware of if they are to be suitably briefed to remedy these issues.
Typically, relevant issues might include potential, or actual breaches of Health & Safety Policy, or financial impropriety, where if the issue is not promptly addressed it may grievously affect employee or client safety, or corporate reputation.
MES therefore encourages dialogue between the people serving the Company (whether full-time employees, contractors or consultants; “Personnel”) and management to ensure an open workplace. Where normal dialogue fails, perhaps because reports generated by Personnel voicing concern for an issue then fail to reach executive management, then there has to be a formal procedure by which Personnel can as a last resort by-pass line management in a bid to alert executive management to the issue.
Mechanism
MES considers it important to have procedures for Personnel to report any concerns they may have concerning any actual, suspected or planned wrong doings involving MES Company or subsidiary operation or any of its directors, officers or employees.
Any MES Personnel raising such concerns in good faith, can do so in the knowledge and confidence that the Board of Directors of MES will ensure that the act of raising such concerns will not lead to such an individual facing any recrimination, punishment or victimisation. In this regard the Governance is available to provide guidance with regard to the scope and application of this policy.
Reportable Wrong Doings
For whistle-blowing purposes ‘WRONGDOINGS’ include the following:
a) Criminal activities;
b) Bribery, corruption or fraud;
c) Provision of misleading information or the falsification of financial or other records;
d) Breaches of copyright, patents and licences;
e) Violation of health and safety legislation;
f) Violation of environmental legislation;
g) Violation of restraint of trade legislation;
h) Failure to comply with other legal obligations;
i) Violation of the MES Code of Ethics, Staff Handbook or Rules for use of Force;
j) Violation of the International Code of Conduct Association for Private Security Service Providers, 2010;
k) Breaches of other policies and procedures, including any breaches of financial controls and reporting requirements, and
l) Concealing, or overlooking any of the above.
Scope
This policy applies to all MES companies, subsidiaries and operations and while the policy is based on United Kingdom Law it is applied by the Company regardless of the jurisdiction in which the wrong doing occurs or is suspected to have occurred, or whether or not such Wrongdoing or suspected wrong doing occurs in the home country or jurisdiction of the relevant company subsidiary or operation.
As such, therefore, Personnel need not be concerned for specific national Whistle-blowing legislation applicable in the country in which they serve or where the operation alleged to be at fault is registered.
Reporting Wrong Doing
1. Where a Personnel (whether core employee, or fixed-term contractors, or other) suspects there is a wrong doing or has been asked to participate in a Wrong doing he/she has a duty to disclose his/her concerns at the earliest opportunity.
2. Such disclosures should be made in good faith and be based on a reasonable belief that a wrong doing has occurred or is likely to occur. If a subsequent investigation reveals there was no wrong doing then the employee making the original disclosure will not be subject to any victimisation or disciplinary action by his/her employing company, provided such employee has acted in good faith.
3. Any disclosures that are intended primarily to be malicious will not be tolerated and any personnel making such disclosures will be subject to disciplinary action by his/her employing company.
4. If a person has any queries or concerns relating to any of the “wrong doings” listed above, they should discuss the matter firstly with their Line Manager, or, if the issue relates to the actions of their immediate manager, with the superior to whom the Manager reports or with the Human Resources Department. However if this does not resolve the matter or he/she does not deem it appropriate to raise such concerns with their immediate supervisor they should raise their concerns, at [email protected]. Having ascertained the necessary facts about your concerns, the relevant manager will discuss the situation with you, if reasonably predictable, within five working days in attempt to resolve the situation. If the discussion does not resolve the situation then you should escalate the situation to any of the following;
Chief Executive Officer
Country Manager
HR Manager
5. All disclosures by Company Personnel are treated in strictest confidence and this confidence will be maintained as long as it does not hinder any investigation of a possible wrong doing. It may be necessary to reveal the source of information in order to successfully complete an investigation, but this would not be done without the company first discussing the matter with the employee making the allegation.
6. Wherever possible Personnel should make a disclosure openly. Anonymous disclosures make follow-up difficult for the Company and may lack credibility in the first instance. However, if a disclosure is made anonymously then consideration will only be given to such disclosures if: –
a. the subject matter is serious enough to justify it;
b. anonymity does not harm the credibility of the disclosure; and
c. anonymity does not prevent the confirmation of details with other sources.
7. All disclosures will be investigated to identify relevant facts as soon as possible and will be conducted by persons with the appropriate authority and who are not directly linked with any aspect of the wrong doing. The Chief Executive Officer will be advised of whistle-blowing reports received by any company member of staff (whether that report is initiated by company personnel, or a third party) and will appoint an executive to investigate the matter and will be advised of the outcome of any whistle-blowing investigation and will record the proceedings of any whistle-blowing case.
8. Where necessary, or required by law, a disclosure may be referred to an external body for further investigation.
9. The results of an investigation will be communicated to the person or third party making the disclosure, provided he/she has agreed to maintain the results in complete confidence.
10. Any person who has a concern that the Whistle-blowing policy, as described herein, is not being properly complied with, should raise his/her concerns, in the first instance, with his immediate superior. In circumstances where it is believed by the Whistle-blowing person that the matter is not receiving adequate attention, for whatever reason, then that person should raise the matter at a more senior level.
Human Right Policy
HR-022-Human Rights Policy
MES Grievance Policy
HR-011-Grievance Policy
Statement of Conformance
IRQ-MES-RSKM-009
