Complaints Management Framework

The objectives and key principles of The GM Group Complaints Management Framework is:

The Complaints Management Framework sets out the approach thatThe GM Group is taking to manage complaints in order to mitigate business and client risks and to achieve compliance with the FAIS Act and subordinate legislation. The GM Group is committed to ensure that appropriate measures are in place to enable them to investigate and resolve any complaints received with due regard to the fair treatment of customers.

The Complaints ManagementFramework aims to assist our staff to apply a consistent, high-quality, fair, and accountable response to complaints in line with The GM Group’s values independence, professionalism and confidentiality.

All complaints will be treated in line with the overall regulatory requirements and Treating Customer Fairly outcomes.

"client query" means a request to the provider or the provider's service supplier by or on behalf of a client, for information regarding the provider's financial products, financial services or related processes, or to carry out a transaction or actionIn relation to any such product or service;

"complainant" means a person who submits a complaintand includes a –
a) client;
b)person nominated as the person in respect of whom a product supplier should meet financial product benefits or that persons' successor in title;
c) person whose life is insured under a financial product that is an insurance policy;
d) person that pays a premium or an investment amount in respect of a financial product; 
e) member;
f) person whose dissatisfaction relates to the approach, solicitation marketing or advertising material or an advertisement in respect of a financial product, financial service or related service of the provider, who has a direct interest in the agreement, financial product or financial service to which the complaint relates, or a person acting on behalf of a person referred to in (a) to (f);

"complaint" means an expression of dissatisfaction by a person to a provider or, to the knowledge of the provider, to the provider's service supplier relating to a financial product or financial service provided or offered by that provider which indicates or alleges, regardless of whether such an expression of dissatisfaction is submitted together with or in relation to a client query, that -
a)the provider or Its service supplier has contravened or failed to comply with an agreement, a law, a rule, or a code of conduct which is binding on the provider or to which it subscribes;
b)the provider or its service supplier's maladministration or wilful or negligent action or failure to act, has caused the person harm, prejudice, distress or substantial inconvenience; or
c) the provider or its service supplier's has treated the person unfairly;

"compensation payment" means a payment, whether in monetary form or in the form of a benefit or service, by or on behalf of a provider to a complainant to compensate the complainant for a proven or estimated financial loss incurred as a result of the provider's contravention, non -compliance, action, failure to act, or unfair treatment forming the basis of the complaint, where the provider accepts liability for having caused the loss concerned, but excludes any –
a) goodwill payment;
b) payment contractually due to the complainant in terms of the financial product or financial service concerned; or
c) refund of an amount paid by or on behalf of the complainant to the provider where such payment was not contractually due;
and includes any interest on late payment of any amount referred to in (b) or (c);

"goodwill payment" means a payment, whether in monetary form or in the form of a benefit or service, by or on behalf of a provider to a complainant as an expression of goodwill aimed at resolving a complaint, where the provider does not accept liability for any financial loss to the complainant as a result of the matter complained about;

"member" in relation to a complainant means a member of a - 
a) pension fund as defined in section 1(1) of the Pension Funds Act, 1956 (Act 52 of1956);
b) friendly society as defined in section 1(1) of the Friendly SocietiesAct, 1956 (Act 25 of 1956);
c) medical scheme as defined in section1(1)of the Medical Schemes Act, 1998 (Act131 of 1998); or
d) group scheme as contemplated in the Policy holder Protection Rules made under section 62 of the Long-term Insurance Act, 1998, and section55 of the Short-termInsurance Act, 1998;

"rejected” in relation to a complaint means that a complaint has not been upheld and the provider regards the complaint as finalised after advising the complainant that it does not intend totake any further action to resolve the complaint and includes complaints regarded by the provider as unjustified or invalid, or where the complainant does not accept or respond to the providers proposals to resolve the complaint;

"reportable complaint" means any complaint other than a complaint that has been - 
a) upheld immediately by the person who initially received the complaint;
b) upheld within the provider's ordinary processes for handling client queries in relation to the type of financial product or financial service complained about, provided that such process does not take more than five business days from the date the complaint is received; or
c) submitted to or brought to the attention of the provider in such a manner that the provider does not have a reasonable opportunity to record such details of the complaint as may be prescribed In relation to reportable complaints; and

"upheld" means that a complaint has been finalised wholly or partially in favour of the complainant and that -

a) the complainant has explicitly accepted that the matter is fully resolved; or
b) it is reasonable for the provider to assume that the complainant has so accepted; and 

all undertakings made by the provider to resolve the complaint have been met or the complainant has explicitly indicated its satisfaction with any arrangements to ensure such undertakings will be met by the provider within a time acceptable to the complainant.

The Complaints Management Framework is made up of different components which address measures to achieve the effective resolution of complaints and the fair treatment of complainants. These components jointly make up the Complaints Management Framework and include:-

• a Complaints Policy which details the full process of detailing with complaints,
• a Complaints Register which enables each complaint’s full details and progress to be recorded,
• a Complaints Dashboard which gives a monthly summary of complaints received, resolved, referred to the Ombud for various Representatives. It also gives a summary of product categories, product providers, complaint categories and priorities and lastly the TCF outcomes related to each complaint.

The Complaints Management Framework provides the business, staff, and clients with a clear and considered process to manage and resolve client complaints. It explains the steps we would like our clients to take when making complaints. It identifies the steps we will take in discussing, considering, addressing, and resolving complaints and indicates some of the solutions we offer to resolve complaints.

Our ComplaintsManagement Framework is an opportunity to describe to our clients our positive  attitude towards discussion and continuous improvement. It seeks to tell clients how much we value their feedback and state our commitment to resolving complaints quickly, fairly, efficiently, and courteously.

The framework: 

•           is proportionate to the nature, scale, and complexity of The GM Group business and risks; 
•           is appropriate for the business model, policies, services, and clients of the FSP; 
•           enables complaints to be considered after taking reasonable steps to gather and investigate all relevant and appropriate information and circumstances, with due regard to the fair treatment of complainants (clients); and
•           not impose unreasonable barriers to complainants (clients).

The GM Group undertakes to review its Complaints Management Framework and document the changes thereto on an annual basis, alternatively whenever there are changes in the business that impact the Complaints Management Framework. A Review Register is set out in Annexure B. 

‍Tatenda Erica Macheka is responsible for reviewing and updating the Complaints Management Framework.

In order to ensure objectivity and impartiality, TheGM Group has the following performance standards and remuneration and reward strategies for complaints management (These are applicable internally and where any functions are outsourced): 

Those who are diligent in reporting complaints, ensuring that they are resolved within the stipulated time period, keep the client up to date on the resolving of the issue will be noted and show an improvement in meeting the 6 outcomes of Treating Customers Fairly will be noted during KPA discussions.

The GM Group must identify the roles and responsibilities of those who will be involved in the Complaints process. Note the specific responsibilities and requirements of each role.

COMPLAINTS MANAGEMENT 

The board of directors or in the absence of a board, the governing body and key individuals of The GM Group are responsible for the effective complaints management and must: 

•    approve and oversee the effectiveness of the implementation of the business complaints management framework. 

‍Tatenda Erica Macheka, Sheila Moloto, Wynand Gouws, Cyril Sundram Chetty  and Kagisho Augustine Mahura are responsible for the effective management of complaints.

DECISION MAKING 

Any person that is responsible for making decisions or recommendations in respect of complaints generally or a specific complaint must:

•    be adequately trained,
•    have an appropriate mix of experience, knowledge, and skills in complaints handling, fair treatment of customers, the subject matter of the complaints concerned and relevant legal and regulatory matters,
•    not be subject to a conflict of interest, and
•    be adequately empowered to make impartial decisions or recommendations. 

‍Tatenda Erica Macheka, Sheila Moloto, Wynand Gouws, Cyril Sundram Chetty and Kagisho Augustine Mahura responsible for making decisions or recommendations in respect of complaints received within The GM Group.

An FSP must categorise reportable complaints. There are prescribed minimum categories that must be used to categorise complaints. 

Any other additional categories need to be added that is relevant to The GM Group chosen business model, financial products, financial services and client base that will support the effectiveness of its complaint management framework in managing conduct risks and effecting improved outcomes and processes for its clients.

The GM Group must categorise, record and report on reportable complaints by identifying the categories to which a complaint most closely relates and group complaints accordingly.

These categories can be added to the ComplaintsRegister when recording a complaint.

PRESCRIBED MINIMUM CATEGORIES 

At a minimum, the following categories will be used to categorise complaints: Complaints relating to - 

•    the design of a financial product, financial service, or related service, including the fees, premiums or other charges related to that financial product or financial service,
•    information provided to clients,
•    advice,
•    financial product or financial service performance,
•    a service to clients, including complaints relating to premium or investment contribution collection or lapsing of a financial product;
•    financial product accessibility, changes or switches, including complaints relating to redemptions of Investments,
•    complaints handling,
•   insurance risk claims, including non -payment of claims,
•   other complaints.

ADDITIONAL CATEGORIES 

‍The GM Group has at this stage not added any additional categories of complaints that are relevant to The GM Group business model, financial products, financial services and client base.

PROCEDURE 

‍The GM Group will follow the process below for the appropriate categorisation of complaints. 

a) Consider which TCF Outcome the complaint is closely related to.
b)Discuss with the client if unsure of which complaint category the complaint is closely linked to.
c) Discuss with the complaints management team and reach an agreement.

The GM Group will follow the steps below for all complaints received:

When a complaint is received from a complainant as defined in the Complaints Management Framework, the complaint will be entered into the complaints register and the complainant given a complaint reference number and the complaints process annexure.

The complaint will be analysed and a product type and complaint category will be assigned to the complaint. The accompanying TCF outcome which is affected will automatically populate.

The date of receipt of the complaint MUST BE STIPULATED and its corresponding RESOLUTION DATE to enable the complaints spreadsheet to automatically calculate the turnaround time of the complaint.

The required turn-around times are stipulated in the Complaints Management Framework and could be reviewed in line with legislation or any SLA turn-around times, if any.

Should any complaint pass the required turn-around time, this too will be automatically populated in the complaints spreadsheet but this is, once again, dependent on the date of receipt of the complaint and date of resolution being properly recorded in the register.

When the complaint is resolved the date of resolution must be inserted and the action taken to resolve the complaint.

It MUST be indicated whether the client was satisfied and how that satisfaction is evidenced. This can be done by a courteous email requesting feedback or by means of a survey.

Proof however must be submitted in writing for purposes of evidencing.

Should a client however, not be satisfied, an alternate resolution should be offered to the client OR the procedure followed in terms of the Complaints Management Framework where the recourse to the FAIS Ombud is given to the client, as stipulated.

The alternate resolution offered must be recorded and should the complaint be escalated to a regulator, the complaints spreadsheet enables this to also be recorded.

Upon receipt of a complaint, The GM Group will take the following action: 

When a complaint is received from a complainant as defined in the Complaints Management Framework, the complaint will be entered into the complaints register and the complainant given a complaint reference number and the complaints process annexure.

Upon receipt of a complaint, Tatenda Erica Macheka will be assigned to analyse the complaint.

The GM Group will use the following process to determine whether the complaint received is indeed a complaint or whether it is a routine query: 

a) Discuss with the representative, paraplanner and service consultant involved on their input.
b) Discuss with the complaints management team.

Once identified as a complaint, The GM Group will use the following approach to analyse the complaint in relation to linking it to the identified TCF outcome:

a) Consider which TCF Outcome the complaint is closely related to.
b) Discuss with the client if unsure of which complaint category the complaint is closely linked to.
c) Discuss with the complaints management team and reach an agreement.

The following timelines will apply to complaints that need to be addressed and resolved: 
‍
a)    Low priority = 10 days
b)    Medium priority = 5 days
c)    High priority = 3 days

The GM Group will use the following process when breaking down the complaint to analyse the root cause of the complaint and any possible trend that can be identified:

a) Discuss with the representative, paraplanner and service consultant involved on their input.
b) Discuss with the client involved on their input.
c) Analyse similar historical cases that include client interactions and performance of the representative, paraplanner and service consultant involved.d)Check if the same complaint has come through from the same client or other clients previously.e) Discuss with the complaints management team.

The GM Group will use meetings either face to face minuted interactions /via recorded Zoom or Microsoft Teams / recorded Telephonic conversations to discuss the complaints received at the FSP. The frequency at which these discussions will take place will depend on the priority and nature of the complaint. 

The GM Group will follow the complaints approach/ process documentation highlights to implement the process steps, monitoring plan and solutions identified during the [discussions/meetings] held.It will also implementany process change or updates that need to be applied to the ComplaintsManagement Framework as a result of such [meetings/discussions].

A Complaints Management Framework must have a process for managing complaints relating to the FSP's representatives and service suppliers, in so far as such complaints relate to services provided in connection with the FSP's financial products, financial services or related services. This process must:

•    enable The GM Group to reasonably satisfy itself that the representative or service supplier has adequate complaints management processes in pl
ace to ensure fair treatment of complainants;
•    provide for monitoring and analysis by The GM Group of aggregated complaints data in relation to complaints received by its representatives and service suppliers and their outcomes;
•    include effective referral processes between the provider and its representatives and service suppliers for handling and monitoring complaints that are submitted directly to either of them and require referral to the other for resolution; and
•    include processes to ensure that complainants are appropriately informed of the process being followed and the outcome of the complaint.

The GM Group will follow the process below for managing complaints relating to representatives and service suppliers:

The GM Group will manage Complaints with regards to representatives and suppliers which will address the financial products and financial services rendered. The GM Group checks that related parties must have adequate complaint processes in place to ensure TCF, analysis of complaints data;  that a referral process is in place with the representative and service providers, etc. In terms of representatives meeting the above requirements, training on the 6 TCF outcomes as well as the complaints process in held in compliance learnings session within the FSP. In terms of the product providers meeting the above requirements meetings are held with the Business Development Managers to discuss complaints and their complaints and compliance departments are included in the meetings.

The GM Group undertakes to ensure that: 

•     where a complaint is upheld, any commitment by The GM Group to make a compensation payment, good will payment or to take any other action will be carried out without undue delay and within any agreed timeframes.
•     where a complaint is rejected, The GM Group will provide the complainant with clear and adequate reasons for the decision and inform the complainant of any applicable escalation or review processes, including how to use them and any relevant time limits.

An FSP must establish and maintain an appropriate internal complaints escalation and review process. These procedures should not be overly complicated or impose unduly burdensome paperwork or other administrative requirements on complainants.

The complaints escalation and review process should: 

•    follow a balanced approach, bearing in mind the legitimate interests of all parties involved including the fair treatment of complainants
•    provide for internal escalation of complex or unusual complaints at the instance of the initial complaint handler
•    provide for complainants to escalate complaints not resolved to their review satisfaction 
•    be allocated to an impartial, senior functionary within the provider or appointed by the provider for managing the escalation or review process of the business.

The GM Group will use the following process for the escalation and review of complaints: 

a)Refer all cases to Tatenda Erica Macheka and in her absence Sheila Moloto/WynandGouws who will then review this and consult the necessary parties before a decision is made in regard to escalating the case to top management. The full complaints process as highlighted above will be followed.

Tatenda Erica Macheka/ Sheila Moloto/ Wynand Gouws are responsible for managing the escalation and review process of complaints.

Where a complaint requires escalation or, this will be escalated to exec management -Kagisho Augustine Mahura and Cyril Sundram Chetty.

Complaints may be escalated and/or reviewed in the following instances: 

•     Where the complaint is of a complex or unusual nature. In such an instance the initial complaint handler may escalate the complaint.
•     Complainants may escalate complaints that were not resolved to their satisfaction (Complainants must be notified of this).

A provider must ensure accurate, efficient and secure recording of complaints and complaints related information. The Complaints Register isa useful tool in this respect. The following must be recorded in respect of each reportable complaint: 

•     all relevant details of the complainant and the subject matter of the complaint,
•     copies of all relevant evidence, correspondence, and decisions,
•    the complaint categorisation, 
•    progress and status of the complaint, including whether such progress Is within or outside any set timelines.

A provider must maintain the following data, on categorised reportable complaints, on an ongoing basis:

•    number of complaints received,
•    number of complaints upheld,
•    number of rejected complaints and reasons for the rejection, 
•    number of complaints escalated by complainants to the Internal complaints escalation process,
•    number of complaints referred to an ombud and their outcome,
•    number and amounts of compensation payments made,
•    number and amounts of goodwill payments made,
•    total number of complaints outstanding.

Complaints Information that has been recorded, must be scrutinised and analysed by The GM Groupon an ongoing basis. The GMGroup must use this information to manage conduct risks and implement improved outcomes and processes for its clients, and to prevent recurrences of poor outcomes and errors. 

An FSP must establish and maintain appropriate processes for reporting the information to its governing body or senior management.

The GM Group will follow the process below for:

record keeping, monitoring and analysing of complaints. The GM Group will follow the Complaints Management Framework process for record keeping, monitoring and analysing of complaints.

The monitoring and analysis of complaints will be reported to The GM Group governing body/ senior management on a monthly basis. The report will include:

•    Information on the categorisation of complaints
•    What risks have been identified since the last report
•    What trends have been identified
•    What actions will be taken to manage risks and implement improved outcomes.

The GM Group will keep records of these reports, monitor changes and consider whether the Complaints Management Framework may need to be adapted in response to the findings.

Responsible person/s 

Tatenda Erica Macheka will be responsible for the record keeping requirements. 
Tatenda Erica Macheka will be responsible for the monitoring requirements. 
Tatenda Erica Macheka, Sheila Moloto, Wynand Gouw, Cyril SundramChetty and Kagisho Augustine Mahura will be responsible for the analysis requirements.

The GM Group will ensure that: 

•    its complaint processes and procedures are transparent, visible and accessible through channels that are appropriate to the provider's clients.
•    It does not impose any charge for a complainant to make use of complaint processes and procedures.
•    All communications with a complainant will be in plain language.
•    Wherever feasible, it will provide clients with a single point of contact for submitting complaints.
•    The following information is disclosed to a client:
o the type of Information required from a complainant
o where, how and to whom a complaint and related information must be submitted
o expected turnaround times in relation to complaints
o any other relevant responsibilities of a complainant
•     with in a reasonable time after receipt of a complaint, it will acknowledge receipt there of and promptly inform a complainant of the process to be followed in handling the complaint including:
o contact details of the person or department that will be handling the complaint
o indicative and, where applicable, prescribed timelines for addressing the complaint
o    details of the internal complaints escalation and review process if the complainant is not satisfied with the outcome of a complaint
o details of escalation of complaints to the office of a relevant ombud and any applicable timeline
o details of the duties of the provider and rights of the complainant as set out in the rules applicable to the relevant ombud.
•    Complainants will be kept adequately informed of:
o the progress of their complaint
o causes of any delay in the finalisation of a complaint and revised timelines, and o the FSP's decision in response to the complaint.
•    Any additional measures that the GM Group will follow will be communicated effectively with a complainant.

The GM Group will follow the following process to communicate effectively and engage with any relevant Ombud concerning complaints:

•    Ensure there is an appropriate process in place for engagement with any relevant Ombud concerning its complaints
• clearly and transparently communicate the availability and contact details of the relevant ombud services to complainants at all relevant stages of the relationship with a client, including at the start of the relationship and in relevant periodic communications,
•    Display and/or make available information regarding the availability and contact details of the relevant Ombud services, at the premises and/or on the company website
•    Maintain specific records and carry out specific analysis of complaints referred to your business by the Ombud and the outcomes of such complaints
•    Monitor determinations, publications, and guidance issued by any relevant Ombud to identify failings or risks in their policies, services, or practices
•    Maintain open and honest communication and co-operation between itself and any Ombud with whom it deals; and
•    Endeavour to resolve a complaint before a final determination or ruling is made by an Ombud, or through the business’ internal escalation process, without impeding or unduly delaying a complainant’s access to an Ombud.

The GM Group will follow the process below when reporting to a designated authority: 

The GM Group will follow the prescribed requirements for reporting complaints information to any relevant designated authority or to the public as may be required by the Registrar. The GM Group will utilise the appropriate forms and will consult the Ombudsman on the process and requirements before the case is analysed.