The Ireland NCP offers a non-judicial grievance mechanism to help parties resolve issues relating to the OECD Guidelines for Multinational Enterprises (the Guidelines).
Specific instances
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 conciliation or mediation 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 determine whether the issue is bona fide and relevant to the implementation of the Guidelines. In this context, it will consider:
- the identity of the party concerned and its interest in the matter
- whether the issue is material and substantiated
- whether there seems to be a link between the enterprise’s activities and the issue raised in the specific instance
- the relevance of applicable law and procedures, including court rulings
- how similar issues have been, or are being, treated in other domestic or international proceedings
- whether the consideration of the specific issue would contribute to the purposes and effectiveness of the Guidelines