The Ireland NCP offers a non-judicial grievance mechanism to help parties resolve issues relating to the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct (the Guidelines).
Specific instances, also known as complaints, are presented to the Ireland NCP by an interested party regarding alleged non-observance of the Guidelines by a multinational enterprise. The Ireland NCP will examine the complaint and may provide a mediation or conciliation platform to resolve the complaint in line with its Rules of Procedure.
Specific instances are not legal cases and NCPs are not judicial bodies. As such NCPs cannot impose sanctions, directly provide compensation nor compel parties to participate in a mediation or conciliation process. Dispute resolution through NCPs is intended to be consensual and focused on identifying constructive solutions and mutual agreement between parties.
OECD on Specific Instance Complaints (PDF, 432KB)
Who can complain
Any interested party can file a complaint and may act on behalf of identified other parties. The complainant may be, for example:
- any individual, group, or organisation affected by a company’s activities
- employees or their trade union
- a non-government organisation (NGO)
How to notify the Ireland NCP of a complaint
A new case can be submitted to the Ireland NCP by email or post using the complaint submission form.
How the Ireland NCP handles complaints
The Ireland NCP has established Rules of Procedure which outline how it handles a complaint brought under the Guidelines.
In the first instance, the Ireland NCP will make an initial assessment of whether the issue raised warrants further examination. In this context, it will consider:
- the identity of the party concerned and its interest in the matter
- whether the issue is material, that is, relevant to the implementation of the Guidelines; and substantiated, that is, supported by sufficient and credible information
- whether the enterprise is covered by the Guidelines
- whether there seems to be a link between the enterprise’s activities and the issue raised in the specific instance
- the extent to which applicable law and/or parallel proceedings limit the NCP’s ability to contribute to the resolution of the issue and/or the implementation of the Guidelines
- whether the consideration of the specific issue would contribute to the purposes and effectiveness of the Guidelines