1.1 In this procedure for external grievances (hereinafter referred to as: “Grievances procedure”), the definitions set out in this clause shall apply.
1.2 The following definitions mean:
(a) Employee means the employee working at the Organization;
(b) Grievance means (written) expression of dissatisfaction about the services and/or the ‘way of working’ of the Organization and/or its Employees;
(c) Grievances officer means the employee of the Organization who receives the Grievances, who monitors the procedure and handles the Grievances;
(d) Organization means PowerField Netherlands B.V. and its subsidiaries;
(e) Stakeholder means the one who submitted a Grievance;
(f) Writing or Written means also ‘electronic’.
2 Before following the Grievances procedure
2.1 If a Stakeholder has a Grievance, the Organization encourages that this will in first instance be discussed with the Employee of the Organization who is concerned with this Grievance.
2.2 The Organization assumes that the Grievance will be reported as soon as possible, or at least within a reasonable period. A reasonable period within the meaning of this article is a maximum period of 30 days after the Stakeholder has discovered the defect or shortcoming.
2.3 If the above does not lead to a satisfactory solution, the Stakeholder is advised to submit an official Grievance according to article 3.
3 Submit an official Grievance
3.1 An official Grievance must be submitted by mail or e-mail along with any attachments (when applicable). The Grievance can be sent to:
PowerField Netherlands B.V.
t.a.v. Grievances officer
1531 MS Wormer
3.2 The Grievance must include:
(a) The Stakeholders name, address, phone number and e-mail-address;
(b) The name, address, phone number and e-mail address for any party that acts on behalf of the Stakeholder;
(c) A detailed description of the Grievance, including any relevant attachments.
3.3 The Grievance should be submitted as soon as possible, or at least within a reasonable period after the Grievance
3.4 arose, whereby a maximum period of 30 days is considered reasonable.
4 Acceptance Criteria
4.1 The Grievances officer decides whether a Grievance will be processed. In principle a Grievance will not be dealt with if:
(a) The interest of the Stakeholder or the weight of the conduct is insufficient;
(b) The Organization has not been given the opportunity to solve the problem itself first;
(c) The Stakeholder has previously submitted a(n) (official) Grievance about the same incident;
(d) The conduct against which the Grievance is directed is more likely to be brought before another court then an administrative court is or has been the subject of the dispute;
(e) The conduct is part of a criminal investigation or persecution – or is in any other way part of (ongoing) legal proceedings and/or ongoing mediation.
5 The process
5.1 A confirmation of receipt of a Grievance will be sent by e-mail within five (5) working days, unless the Grievance has been resolved in the meantime. It is stated in the confirmation of receipt or whether the Grievance will be processed, and that the Grievances officer will handle the Grievance.
5.2 The Grievances officer will inform the Stakeholder, the Organization and any hear witnesses (when applicable) and determine the times and location of any interviews.
5.3 A decision of the Grievance is in Writing and includes a (partially) well-founded or unfounded statement and the reason upon which this judgement is based. The Grievances officer can impose a possible measure or add consequences to the judgement.
5.4 Grievance handling takes six (6) weeks and can be extended by four (4) weeks. An extension must be made in Writing to the be communicated and explained to the Stakeholder and the Organization.
5.5 Those who are involved can communicate with each other at any time during the Grievance process agree to engage an independent mediator. This is done on a voluntary basis.
6 Final provisions
6.1 These regulations can be unliterally amended by the Organization and again be determined.
6.2 Every Grievance as referred to in these regulations shall be governed by the law of the Netherlands.
6.3 Any dispute, question, difference or claim arising out of this regulation will be judged by the competent court of Amsterdam.