The appeals process applies to both the skills and the product service programs – but more especially to the latter.

In the first instance, any individual or organisation will be able to appeal to the program administrators (OFE) for a review of any claim that either a product or service fails to achieve the certified open status it claims or that an individual does not possess the skills they claim.

In the first instance, the Review Panel will determine if the basis of the complaint has merit; if it does it will be initially investigated at no cost to either party.

If the conclusion is that there is little merit in the complaint the complainant will be advised and may, at their option, request that the complaint is fully investigated. The complainant will pay a deposit of €750 (£500) to cover the costs of the investigation.

Where a complaint is taken forward – whether or not on the basis of a deposit – the review panel will:-

• Make the details of the complaint visible to the individual or organisation about which the complaint is lodged;

• Require a comprehensive response from the organisation/ individual within 10 working days – subject to an extension if it would not be unreasonable;

• Make a decision based on the merits of the two arguments and make both parties aware of that decision.

In the event that either party wishes to appeal against the decision of the Review Panel, a further deposit of €3000 (£2,000) will be required to be made by the party appealing the decision.

The appeal will be heard by the appeals sub-committee of the Certified Open Council and their decision will be final. The sub-committee may require attendance at the review and may call for additional evidence from both sides in order to reach its conclusion.

Any monies paid on deposit will be dealt with as follows:-

• 50% to the body to whom the decision was awarded;

• 50% retained by OFE to cover administrative costs.

The damages outlined in this clause will be the only payments made to either party, by either party, unless otherwise agreed

The web site will maintain an alert system so that any individual within one of the relevant Certified Open Communities of Practice may indicate a cause for concern and the basis of that concern; this will enable all organisations participating in the program to have an “early warning system” of any potential infringements or upcoming issues.

Menu