Better conflicts, Better outcomes, Better world

Bonsucro Grievance Mechanism
Outline of the Procedure and Eligibility to Apply
Introduction
The Bonsucro Grievance Mechanism for complaints against Members of Bonsucro is managed by
CEDR (Centre for Effective Dispute Resolution) to ensure that such complaints are independently
managed and reviewed. CEDR is entirely separate from Bonsucro and a non-profit organisation
specialising in independent dispute resolution and conflict prevention. The Grievance Mechanism
ensures that those who have been affected by the conduct of Bonsucro Members, have a meansof seeking resolution and remediation of their complaint. The Scheme does not cover complaints
against Bonsucro accredited certification bodies (or auditors) nor Bonsucro itself, such complaints
can be submitted via other processes described on Bonsucro website:
https://www.bonsucro.com/complaints-and-grievances/.

Outline of Grievance Mechanism Procedure
The Grievance Mechanism process ensures an early review of whether a complaint against aBonsucro Member (the “Complaint”) is in scope of the Grievance Mechanism Rules (the “Rules”).
If it is decided to be in scope and that funding is available for the Complaint to progress through theformal Grievance Mechanism, then identified Member (the “Respondent Member”) is asked torespond formally to the Complaint (including any information gathered from a Certification Body if
relevant).
After that, the Complaint may go through an independent mediation stage to seek early resolution
by agreement between the parties, failing which there will be an independent adjudication of themerits of the Complaint. If upheld, an Adjudicator will issue findings and recommendations forappropriate action to remedy the Complaint to be taken by the Respondent Member and/or byBonsucro. Appropriate actions can include proposals for changes in conduct, non-financialreparation, or sanctions/termination of Bonsucro membership. The procedure is governed at eachstage by time limits for response.
Before entering the process, CEDR is required to consider whether a Complaint meets the tests
under the Rules for being in scope as a valid complaint in the required format. The Eligibility
Checklist below is designed to help you think through whether your Complaint will be accepted forCentre for Effective

T: +44 (0)20 7536 6060

Dispute Resolution

W: www.cedr.com/commercial/mediationschemes/bonsucro

70 Fleet Street

E: adr@cedr.comLondon
EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020

Better conflicts, Better outcomes, Better world

review under the Rules and is likely to meet the standards for a valid application. Please read thiscarefully before completing the separate Application Form. An indicative Timetable for theapplication approval process, and the Grievance Mechanism itself, is set out in a separate
document.
Finally, when an application is declared by CEDR to be in scope as it is determined to be eligible
and compliant with the Grievance Mechanism requirements, the Complaint will go through theprocess detailed in the Rules subject to Bonsucro confirming in advance that funding is available.
Bonsucro has a fixed budget for handling complaints, so there may be times or complicated cases
where there has to be investigation of how to resource the likely stages of a complaint.

CEDR will

let you know the position on funding once we have checked your Application and checked withBonsucro. The Bonsucro website list alternative options to raise your complaint.
https://www.bonsucro.com/complaints-and-grievances/
There will be a request for the Respondent Member to issue a response to the Complaint either
directly after receiving the Complaint, or after information is obtained from a Certification Body
(where the Complaint has included a challenge to a Member’s compliance with Bonsucro
Standards required by Bonsucro for responsible operating in the sugarcane industry).
Note that some complaints may be rejected by CEDR as out of cope of the Grievance Mechanism
if they do not fall within the requirements of the Rules. More of this is set out in the Eligibility
Checklist below. Applicants should review the Rules in detail for a full understanding of theGrievance Mechanism and its procedures.

Centre for Effective

T: +44 (0)20 7536 6060

Dispute Resolution

W: www.cedr.com/commercial/mediationschemes/bonsucro

70 Fleet Street

E: adr@cedr.com

LondonEC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020

Better conflicts, Better outcomes, Better world

Checklist for Eligibility for the Bonsucro
Grievance MechanismPlease consider the questions below. If you answer ‘No’ to any of the questions in thissection, note that your Complaint may not qualify for the Grievance Mechanism.

1.

Your status for making this complaint•

Please confirm(a) that you are an interested party and/or a stakeholder affected by a Bonsucro
Member’s activity who can supply information about the subject matter of theComplaint.
YESNO

OR

(b) that you have been either directly affected by the issues raised in the Complaint, or arerepresenting an individual or group with such direct connection.
YESNO2. First-time Complaint after direct efforts to resolve the Complaint•

Please confirm that the subject matter of this Complaint is a fresh Complaint and has
not been submitted before to the Grievance Mechanism
YES•

NO

Please confirm that you have made efforts to resolve your complaint directly with theRespondent Member (or alternatively that there are good reasons that suchengagement was not possible)
YESNO

Centre for Effective

T: +44 (0)20 7536 6060

Dispute Resolution

W: www.cedr.com/commercial/mediationschemes/bonsucro

70 Fleet Street

E: adr@cedr.com

LondonEC4Y 1EURegistered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020

Better conflicts, Better outcomes, Better world

3. Breach of Relevant Standards•Please confirm that the subject matter of the complaint concerns either: -(a) breach of one or more Bonsucro Codes of Conduct*[Footnote link to information on
Bonsucro’s website] that apply to Bonsucro Members,
YESNO

AND/OR(b) breach of an identified Bonsucro Standard** [link to information on Bonsucro’s website]that applies to Bonsucro MembersYESNO

4. Format•Please confirm that you are able to submit your Complaint in English, and that it will not
exceed 25 A4 pages in length for the purposes of initial assessment of eligibility (youcan include additional evidence and argument up to 175 A4 pages in English or withEnglish translations as required under the Rules, but this will only be considered oncea Complaint is determined to be in scope of the Grievance Mechanism).
YESNO

Continued on next page.

5. Remedies
Please confirm that•(a) you will be in a position to suggest specific remedies you will be seeking as part of
the Complaint, for a Member to consider at an early stage;
YESNOand•(b) that you believe the Grievance Mechanism is the most appropriate route for yourcomplaint having considered other options such as regulators or courts.
YESNO

Centre for Effective

T: +44 (0)20 7536 6060

Dispute Resolution

W: www.cedr.com/commercial/mediationschemes/bonsucro

70 Fleet Street

E: adr@cedr.com

LondonEC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020

Better conflicts, Better outcomes, Better world

6. Eligibility/Scope•

Please read the section below on complaints that are excluded from the Grievance
Mechanism. Please confirm that your Complaint is not within the exclusions listed:YESNO

What is Not Covered Under the Scheme•

Complaints against Bonsucro Members for impacts which occurred outside theirperiod of Bonsucro Membership•

Allegations unrelated to the sugarcane business or not involving sugarcane-related
activities•

Complaints not made in good faith•Complaints without adequate evidence or solely commercially or politically motivated•

Re-submission of a complaint (unless for non-compliance with a previous award)•Complaints about the adequacy of Certification Bodies (these should be raised via
other processes described on Bonsucro website: https://www.bonsucro.com/complaintsand-grievances/)•Breaches of the Code of Conduct relating to non-payment of Bonsucro membership
fees•

Complaints against Bonsucro itself (such complaints can be submitted via otherprocesses described on Bonsucro website: https://www.bonsucro.com/complaints-andgrievances/.

Centre for Effective

T: +44 (0)20 7536 6060

Dispute Resolution

W: www.cedr.com/commercial/mediationschemes/bonsucro

70 Fleet Street

E: adr@cedr.comLondon
EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2020