By using our Platform, you (the “User”, “you”) agree to be bound by these terms
1. Intended Use and User Eligibility
1.1 The Platform is intended to encourage the reporting of genuine, good-faith concerns regarding challenges or issues employees may face in the workplace and users warrant not to make false, malicious logs through this platform.
1.2 The Platform is designed for Users who reasonably believe that their employer’s internal reporting channels could be somehow inadequate/ ineffective and/or would expose them to potential risk.
1.3 You confirm that any log you submit is made in good faith and based on actual events/ information you reasonably believe to be true. Knowingly submitting false or malicious logs is strictly prohibited and may result in cancellation of your access to our platform.
2. Alert/awareness Mechanism
2.1 the Platform serves as an alert or awareness mechanism to bring issues to light so to enable employers to address such issues. It does not constitute the employers’ internal reporting requirements where such obligations exist under your employment contract or company policy.
3. Employers’ Policy
3.1 The anonymisation and related services provided under this Agreement are not intended to replace, supersede, or circumvent your employer’s existing internal policies and processes.
For an employer to proceed with any disciplinary action against an employee who is the subject of a log/concern/challenge submitted via the Platform, the following steps must be completed in order:
(1) Formal Reporting: Should the User intend to initiate a disciplinary process/ have the matter investigated, they are required to report the matter to their employer’s Human Resources (HR) or Industrial Relations (IR) department, or through other designated channels as stipulated in their company policy.
(2) Investigation: A thorough and impartial investigation will then be carried out by the employer; and
(3) Charges: Formal disciplinary charges will have to be investigated and levelled against the accused employee.
3.2 Until all steps are fully completed, no disciplinary action may proceed. The Platform does not initiate, facilitate, or participate in any disciplinary proceedings on behalf of Users.
4. Fee
4.1 We do not charge any fee for referring Users (at their request) anonymised data logs to the Department of Labour (“DOL”), the Human Rights Commission (“HRC”), or any other regulatory body. Our fee is for the anonymisation, submissions of anonymised concerns or challenges you feel are urgent and need to be raised as a standalone alert and analytics performed for reporting purposes.
4.2 We do not make independent judgments as to which logs or concerns warrant the attention of the DOL, HRC, or any other body. Any decision to refer a matter or to act upon the log is made at the sole decision of the User.
5. Independence and Non-Affiliation
5.1 We are an independent organisation and are not affiliated with, endorsed by, or acting on behalf of the Department of Labour (DOL), the Human Rights Commission (HRC), or any other government agency, organisation, or company.
5.2 We do not provide services as an agent, representative, or subcontractor of any third party. All services are provided in our own capacity as an independent anonymisation platform.
6. No Legal Advice or Representation
6.1 The Platform provides anonymous referrals, and anonymous reporting services only. Nothing on this Platform constitutes legal advice or legal representation.
6.2 If you require legal advice, you are encouraged to consult a legal professional of your choice. We do not assume any liability for actions not taken by your employer based on information received through the Platform.
7. Termination and Access
We reserve the right to suspend or terminate your access to the Platform at our sole discretion, without notice, for any conduct that we reasonably believe violates these Terms of Service or is otherwise harmful to the Platform, its Users, or third parties.
8. Amendments
We reserve the right to update or modify these Terms of Service at any time. Any changes will be effective immediately upon posting on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the revised terms.
9. Contact Information
If you have any questions about these Terms of Service, please contact us at:
compliance@labouranalytics.co.za
Acknowledgment
By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
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