Whistleblowing policy (reporting wrongdoing)
NWO assumes that the organization operates responsibly and honestly.
Integrity in actions is an essential condition for NWO to perform its statutory duties. This requires integrity in the conduct of all employees. If something does not go well, NWO believes it is important that everyone feels free to discuss it. This is why the Whistleblowers' Regulations Implementation 14 sets out how NWO deals with reports of (suspected) wrongdoing.
What is the purpose of the regulation?
What can you report?
What functions have a role in this scheme?
How is the reporter protected during and after the report?
In what ways can you make a report?
Contact information
How is the report handled further?
Can you disclose information about a report?
What is the purpose of the regulation?
The purpose of the regulation is that everyone can report (suspected) wrongdoing safely and effectively. The employee must not be disadvantaged because of the report. The regulation also provides frameworks for careful handling of the report.
What can you report?
Whistleblowing is the disclosure by an employee of (suspected) wrongdoing that takes place under the responsibility of NWO and in which a major social interest is at stake. It may involve, for example, an (imminent) criminal offense or an (imminent) danger to public health, safety or the environment. Not only personal interests are affected, but also a structural character or a serious or extensive situation. The notifier bases the suspicion on reasonable grounds, based on the notifier's knowledge at NWO.
What functions are involved in this scheme?
- Employer: NWO and NWO-I (together also referred to here as NWO).
- Notifier: Any (former) employee, including self-employed workers, interns, temporary workers, applicants and administrators.
- Authority: The NWO Governing Board and the NWO-I Foundation Board. For reports about these boards, the Supervisory Board is the competent authority.
- Confidential advisor Whistleblower: Employees may consult this person in confidence about suspected wrongdoing. At NWO, this confidant also fulfills the role of whistleblowing officer.
- Whistleblowing Officer: An independent officer designated by the competent authority to whom reporters can report (anonymously) a suspicion of wrongdoing. At NWO, this officer also fulfills the role of confidential advisor. The role of whistleblowing officer is a process monitoring role. This ensures that, if desired, anonymity is guaranteed and that the correct timelines are maintained for communication from competent authority to reporter.
How is the reporter protected during and after the report?
Protection concerns confidentiality of information and prevention of disadvantage.
Confidentiality and anonymity
The identity of the whistleblower is kept confidential to protect them. If the whistleblower does not want his or her identity to be further disclosed during the handling of the report, he or she may do so. Furthermore, anyone involved in a report or investigation of wrongdoing must keep confidential information confidential (such as the identity of the reporter and the person to whom the wrongdoing is attributed and trade secrets), unless the law requires otherwise. If the law requires disclosure of the reporter's identity during an investigation or legal proceeding, the reporter will be informed in advance, except where it would prejudice the investigation or proceeding. The reporter will receive a written explanation of the reasons for revealing their identity. Completely anonymous reporting is also possible, by mail or telephone.
Protection against disadvantage
The employer may not disadvantage the reporter and others involved (for example, someone assisting the reporter) during or after processing a report, as long as the reporter has reasonable grounds to believe that the reported information is true. This means that the suspicion is not based on ‘hearsay’. The reporter must have seen or experienced things themselves and be able to show, for example, with papers, emails, photos or other evidence on which the suspicion is based.
Disadvantage includes dismissal, demotion, denial of promotion, negative reviews, discrimination, harassment and intimidation. If the employer takes such action within a short time of a report, it must explain that this action has nothing to do with the report.
In what ways can you make a report?
If you notice a possible violation of NWO integrity or wrongdoing, in the first instance your supervisor or senior manager is your point of contact. If you cannot or do not wish to discuss this in a satisfactory manner through the usual coordination, you may consult the confidential whistleblower or a self-appointed advisor in confidence about this.
The confidential advisor also fulfills the role of the whistleblowing official and, when a report is made, will receive it and pass it on to the competent authority. In doing so, the officer has a process monitoring role; that, if desired, anonymity remains guaranteed and that the correct timelines are maintained for communication from competent authority to reporter.
Contact information and ways to report wrongdoing
- Confidential Advisor and Whistleblowing Officer for NWO-D employees: Marco de Vos: devos@symbibaz.nl, telephone 06 - 252 78 955 (also anonymously).
- Confidential advisor and whistleblowing officer for employees of NWO-I: Sandra de Keijzer: s.dekeijzer@nwo.nl, telephone 06 - 420 35 174 (also anonymously).
- You can report (anonymously if desired) by mail by sending a letter to PO Box 93138, 2509 AC The Hague, quoting one of the above whistleblowing officers.
- You can request a personal interview at a location to be arranged.
- A reporter can also report a suspicion of wrongdoing (directly) to an external body, such as the House for Whistleblowers. For example, if the reporter does not agree with the internal handling. However, NWO hopes that a reporter chooses to follow the NWO procedure and that this is handled satisfactorily.
How is the report handled further?
After discussion with the whistleblowing confidential advisor or if desired without this consultation, the reporter can officially submit the report. The confidential whistleblowing person, in the role of whistleblowing officer, will then inform the competent authority according to the guidelines of the regulation.
The identity of the reporter is not disclosed without permission. If the identity is kept secret, all communication will go through the whistleblowing officer.
The competent authority sends a confirmation of receipt to the reporter within seven days. This describes the reported suspicion of wrongdoing and the date of the report.
- The competent authority starts an investigation into the report, unless:
The suspicion is not based on reasonable grounds. - It is clear that the report does not concern wrongdoing.
If no investigation is initiated, the competent authority informs the reporter in writing and with reasons within two weeks of the report.
Independent and impartial persons conduct the investigation. The reporter is informed about who is conducting the investigation. The reporter is given the opportunity to be heard during the investigation. The investigators report their findings in writing to the competent authority.
No later than three months after the report, the reporter receives in writing the findings, the assessment of the report and any follow-up.
Can you disclose information about a report?
Information about wrongdoing may not simply be made public, for example by passing it on to a journalist. In most cases this is only allowed if the reporter has reported the wrongdoing and the employer or competent authority does not adequately address it. Sometimes information may be disclosed without first reporting to the employer (internal reporting) or to a competent authority (external reporting).
This is allowed if the reporter has reasonable grounds to believe that the wrongdoing may pose an imminent or real danger to the public interest, such as public health. A person may also disclose information immediately if there is a risk that the reporter will be harmed if he or she first reports the wrongdoing to a competent authority, or if it is unlikely that the wrongdoing will be properly remedied.
The above is a summary of the regulations. For the full text and definitions we refer you to the Implementation Regulation 14. No rights can be derived from this article, the full text of the regulation applies.