Complaints Resolution Policy

Ewise Communications (Pty) Ltd

FSP Number: 45310

Ewise Communications is an authorised financial services provider and administers products underwritten by Guardrisk Insurance Company Limited.

Contents:

  1. Purpose of Policy
  2. Definition of a Complaint
  3. Application of Complaints Process
  4. Requirements of the FAIS General Code of Conduct
  5. FAIS Ombudsman
  6. Complaints Linked to Treating Customers Fairly
  7. Ombudsman for Long-term Insurance
  8. Handling a complaint
  9. Conclusion and Company Commitment
  1. Purpose of Policy

As an authorised financial services provider licensed by the financial services board Ewise Communications is required to comply with the conditions set out in the FAIS General Code of Conduct. The Company is also committed to the fair treatment of customers and has applied the complaints policy to ensure that customers are treated fairly throughout the lifecycle of the product.

  1. Definition of a Complaint

A FAIS complaint, can be defined as a specific complaint relating to a financial service rendered by a financial services provider or representative to a client on or after the date of commencement of the FAIS Act, and in which complaint it is alleged that the provider or representative –

(a) Has contravened or failed to comply with a provision of the FAIS Act and that as a result thereof the client has suffered or is likely to suffer financial prejudice or damage;

This applies to allegations made by a client against the Company that the features of the product in question were not properly explained when it was sold or the client was not given sufficient information for him to make an informed decision;

A complaint may also arise if:

  • the policy documents were not delivered to and received by the client within 30 days from the sale;
  • there is not enough information with regard to the lodging of a claim or premium payment and frequency thereof;
  • the client does not recall buying the financial product;

(b) has willfully or negligently rendered a financial service to the complainant which has caused prejudice or damage to the complainant or which is likely to result in such prejudice or damage; or

This applies to allegations that the Company has:

  • sold an incorrect product to the client;;
  • acted without the client’s knowledge or consent;
  • cancelled a policy without the client’s knowledge/consent;
  • effected any policy change without the client’s knowledge/consent.

(c) Has treated the complainant unfairly;

This applies to allegations that: the client has been pushed from pillar to post without a resolution;a representative of the Company has been rude towards a client;different staff provided different (contradictory) information when contacted about the same issue on the financial product;

An Ombudsman complaint can be defined as a complaint relating to poor service, or a benefit issue or a claims related matter rendered by a financial services provider or employee of such entity that a complainant feels has not been dealt with correctly and has escalated a complaint to the Ombudsman for Long-term Insurance for mediation. These complaints are classified in the following ways:

  • Basic
  • Mini
  • Enquiry
  • Transfer
  • Standard
  • Complicated

Any complaint received via the office of the Ombudsman for Long-term Insurance will allow an entity 21 working days in which to respond. All Transfer matters will allow an entity of dealing directly with the complainant in order to resolve the matter. Should the matter not be resolved, then the matter is referred back to the office of the Ombudsman for Long-term Insurance to mediate.

All Standard matters are to be responded directly to the office of the Ombudsman for Long-term Insurance for mediation and adjudication.

  1. Application of Complaints Process

The Company will aim to resolve complaints with a turnaround time of 15 (fifteen) working days. Once complaints are received, the client will be contacted by telephone or email by a customer service representative. All details of the customer’s complaint will be documented on the Company’s complaints register, as in line with the FAIS act, and these records will be maintained for a period of 5 years from the termination of the relationship with the client. Once the client’s complaint has been resolved, a written confirmation is sent to assure the customer that the matter is resolved. This communication will detail the findings and outcome.

  1. Requirements of the FAIS General Code of Conduct

The FAIS General Code of Conduct is in place to regulate the conduct of financial service providers and representatives. The code was published by the Financial Services Board via board notice 80 in 2003.

Section 16 of the General Code of Conduct sets out the way in which financial service providers and representatives must handle complaints from their customers. The code states the following relating to the handling of complaints:

(2) A provider must-

(a) Request that any client who has a complaint against the provider must lodge such complaint in writing;

(b) Maintain a record of such complaints for a period of five years;

(c) Handle complaints from clients in a timely and fair manner;

(d) Take steps to investigate and respond promptly to such complaints; and

(e) Where such a complaint is not resolved to the client’s satisfaction, advise the client of any further steps which may be available to the client in terms of the Act or any other law.

  1. FAIS Ombudsman

The Office of the Ombud for Financial Services Providers (‘FAIS Ombud’) was established by the Financial Advisory and Intermediary Services Act, 37 of 2002 (‘FAIS Act’). The FAIS Ombud’s role is to resolve disputes between financial services providers and their clients in a procedurally fair, informal, economical and expeditious manner.

The FAIS Ombudsman is an independent party and services of the Ombud are free and accessible to the public.

Contact Details:

Telephone: +27 12 470 9080 / +27 12 348 3428
Facsimile: +27 12 348 3447
E-mail Address:
Website:

Physical Address:

Sussex Office Park
Ground Floor, Block B
473 Lynnwood Road Cnr Lynnwood Road & Sussex Ave,
Lynnwood,
0081

  1. Complaints Linked to Treating Customers Fairly

The Treating Customers Fairly initiative by the Financial Services Board is central in the handling of client’s complaints. Outcome 6 of the TCF guide is “Customers do not face unreasonable post-sale barriers to change product, switch provider, submit a claim or make a complaint”.

Ewise Communication strives to uphold the 6 pillars of TCF and will ensure that all complaints are handled swiftly and fairly.

  1. Ombudsman for Long-term Insurance

The Ombudsman for Long-term Insurance offers complainants a mediation process in resolving complaints. These complaints, once investigated and adjudicated, will either be resolved in favour of the Company or in favour of the complainant. Such decisions are either ‘wholly’ or ‘partially’ in favour of Company or complainant. The outcome may also be for compensation being awarded to a complainant.

Whilst the complainant will be able to lodge a complaint free of charge, all cases will be allocated a charge (for the Company’s account) based on the way the complaint is classified. All complaints must be responded to with full feedback. When responding to the Ombudsman’s office, all documentation, recordings, policy documentation must be submitted to allow an adjudicator to review the matter and make a decision.

A Company will be issued reminders if a matter has not been responded to within the prescribed time lines. Second reminders are published and any determination made against a Company will also be published on the Ombudsman’s website.

  1. Handling a complaint

Every complaint must be investigated and responded to. It is important for Ewise to demonstrate objectivity when responding to a complaint. A letter is to be issued and sent either via email or post to the complainant to detail the outcome of the investigation. In cases where there is merit for a compensation award, then this must be granted to a complainant. Where a complaint is lacking in merit or the client is making uncorroborated statements, then a complaint may be dismissed.

  1. Conclusion and Company Commitment

We appreciate the effort clients take in bringing their concerns to our attention and undertake to investigate the complaints received to enable us to take measures to improve our service delivery. Where any gaps are identified these will be corrected. Where there is no change to a previous decision, this will be clearly communicated to any complainant with full details of our findings being provided based on fact.