Specific Instances

What Is a 'Specific Instance'?

The 'specific instance' facility makes the OECD Guidelines unique among corporate social responsibility (CSR) instruments. This mechanism allows concerned people to raise issues about the activities of a multinational enterprise with an NCP if they consider that the Guidelines have not been observed.

The NCP is expected to offer a forum for discussion and to assist the business community, employee organisations and other parties concerned in dealing with the issues raised. The objective of the 'specific instance' process is to find a solution through conciliation or mediation. For this reason, during specific instance proceedings, the Guidelines require that confidentiality will be maintained.

Making a Complaint under the Guidelines

According to the Guidelines, any 'interested party' can raise a 'specific instance'. If you wish to make a complaint under the Guidelines concerning the behaviour of a multinational enterprise, this should normally be raised with the NCP of the country in which the issue arose (the ‘host' country).

If the host country does not adhere to the Guidelines and so does not have a NCP, the issue should be raised with the NCP in the country where the enterprise is headquartered (the 'home' country). The New Zealand NCP can give you further advice about this.

If you wish to raise an issue with the New Zealand NCP, it would be helpful if you can provide the following information:

• The name (and if possible contact details) of the multinational enterprise.
• Your name and contact details.
• What is the activity about which you have an issue?
• Where and when did it occur?
• What part(s) of the Guidelines do you think apply?
• How does the action affect you?
• What actions you believe the enterprise should take to resolve the issue?
• Can all the information you supply be disclosed to the multinational enterprise? Please state what information (if any) you do not want shared and why.

Please provide any supporting documents or other information that are relevant. The NCP's considerations will be based on evidence provided by both parties.

NZ NCP Process for Considering a Complaint under the Guidelines

Once the NZ NCP receives a complaint, it must first conduct an initial assessment of whether the issues raised merit further examination. This initial assessment process normally involves the NCP taking the following steps.

Step 1

• Contact the submitting party to confirm receipt of the complaint
• Notify the multinational enterprise against which the complaint has been made
• Confirm the initial assessment procedure with both parties

Step 2

• Conduct a desk-based initial assessment of the complaint
• Identify any other NCPs that might be able to contribute to the process (e.g. in country where the activity took place or where the multinational enterprise is headquartered) and makes contact toward coordination of efforts
• If necessary, contact other relevant parties for information

Step 3

• Meet separately with both parties to communicate progress and to seek any additional information required to complete the initial assessment

Step 4

• Conduct a final review of all the information received and decide whether or not the complaint warrants further examination by the NZ NCP

Step 5

• Communicate the decision to the parties to the complaint and to other relevant NCPs as appropriate

All information received from each party is normally shared with the other, unless there is good reason for this rule not to be followed. Confidentiality between the parties is also expected.

The NCP aims to complete this initial assessment within three months of receipt of a complaint – of course, this is not always possible.

If the complaint is rejected at the end of the initial assessment, then no statement will be made and the parties to the complaint will remain anonymous. A summary of the process will be reported to the OECD in the annual NZ NCP report.

If the complaint is accepted as warranting further examination, then the NZ NCP must offer good offices to help the parties involved to resolve the issues. The NCP aims to complete this process within one year.

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