Andrew Let’s agree to disagree.
Your comment does not parse. Mike > On 10 May 2018, at 05:53, Andrew Alston <[email protected]> > wrote: > > Komi, > > Since the board has refused to table the actual GC report and let us see what > is it in, sending it back and asking the GC for another one is pointless. > > Let the board disclose the first one then we can judge if anything more is > needed > > Andrew > > Get Outlook for Android <https://aka.ms/ghei36> > From: Komi Elitcha <[email protected]> > Sent: Thursday, May 10, 2018 2:13:50 PM > To: Noah > Cc: General Discussions of AFRINIC; AfriNIC Discuss > Subject: Re: [Community-Discuss] [members-discuss] Board update on Governance > Committee Report > > Good day Noah, board and community, > > Thank you Noah for pointing out a range of issues and that the board should > send back the report to GC and task them to come up with another clear, > reducted and meaningful report that will not present legal and data > protection issues. > > This should be done within a maximum of two weeks according to me. > > I humbly think the board owe this level of TRANSPARENCY to his community. > > Regards, > > > 2018-05-09 17:39 GMT+00:00 Noah <[email protected] <mailto:[email protected]>>: > > > On Sun, May 6, 2018 at 10:53 PM, Abibu Ntahigiye <[email protected] > <mailto:[email protected]>> wrote: > Dear Afrinic Members, > > > > The Board in March 2018, as per resolution 201803.391, > tasked the Governance Committee (GC) to convene an investigation on > allegations made by a staff member. The GC was requested to define the Terms > of Reference (TORs) for an independent investigation, and to appoint an > investigation committee. The Board requested > the findings to be reported by 30 April 2018. > > The GC notified the community that they would deliver > the report by 4 May 2018, and has submitted the report to the Board on 2 May > 2018. The Board acknowledged receipt of the report. The Board is going to > thoroughly consider the report and recommendations thereof, and will share > with the community applicable > actions and steps that will be taken in due course. > > The Board has also been advised that in considering > the report they need to be cognizant of issues of confidentiality and data > protection. > > With regards to allegations made against certain Board > members, the Board can announce the following outcomes as derived from the > report: > > > That there was a violation of the Non-Disclosure Agreement > (NDA) and section 153 of the Companies Act 2001, by Mr Sunday Folayan. > > > > That there is no evidence whatsoever against Haitham > El Nakhal of having breached the terms of the NDA and/or section 153 of the > Companies Act 2001. > > > > That the Investigation Committee (IC) is satisfied > that there was no evidence of harassment, bullying or intimidation by Board > members. > > > The Board will re-evaluate the interim Chair and Vice > Chair appointments that were made in resolution 201803.398. > > With regards to allegations made against certain members > of staff, the Board observed from the IC report that there may have been > inappropriate behaviour on the part of certain staff members. > > > The findings and recommendations related to staff matters > will be addressed through necessary processes. > > We appeal to the community to allow the Board time > to consider the report carefully, and provide feedback to the community no > later than 31 July 2018 on the next steps and how the recommendations will be > implemented. > > > Kind regards > ---- > > Abibu R. Ntahigiye > Chair, Afrinic Board. > > > > _______________________________________________ > Members-Discuss mailing list > [email protected] <mailto:[email protected]> > https://lists.afrinic.net/mailman/listinfo/members-discuss > <https://lists.afrinic.net/mailman/listinfo/members-discuss> > > > > Dear Chairman, > > Thank you for your email and I would like to draw your attention to a number > of issues that the Board's update on the yet to be disclosed GC report raises > issues considering the contents of the document that found itself on this > public mailing list regarding AfriNIC staff complains of harassment. On the > whole, your message to the community appears to not clearly explain the real > issues and seems to be an attempt to exonerate board members yet this was > never about the entire board but rather complains about some specific members > of the board and I will try to explain what I mean. > > > 1. ETHICS: > > It is obvious to this community that a member of the board shared private > privileged information contrary to the Company Act section 153 as rightfully > quoted in your email. This was even acknowledged by the director who happened > to be the Chair of the board at the time. He has since resigned after the > community and the membership held them to a higher ethical standard. > > We can see from incontrovertible evidence shared in the chat messages that > both Chair and his Vice acted unethically engaged the CEO to privately > discuss HR issues related to a member of staff that even the CEO was unaware > of but yet also entertained it. To my understanding, good governance > practices requires that the board should operate in such a way that it has > nose-in, hands-out. In circumstance where the CEO allows some of the board > members to have hand-in and nose-in, the CEO also should have escalated to > the entire board. That is why there is a reason for separation of > roles/powers in organizations. > > In my humble opinion, these private chats alone were further evidence of > unethical behavior with all the hallmarks of work-place harassment if you > consider the contents showed in those discussions; > > - the Directors undermined a member of staff who up to this point had been > regarded as competent with unduly excessive and unfair criticism, > deliberately constraining their ability to perform their duty > - the Directors made threats/comments about the staff that relate to the > employees job security without foundation and this is a form of work-place > harassment. > - the Directors engaged in the spread of malicious rumors about staff which > is a form of work-place harassment > > It stands to reason that the former staff who shared private chats with the > Chair with the complainant would have been at the brunt of similar activity > resulting in the claims of a witch-hunt against them in the document > circulated on the mailing list. As such there is no way we can claim that > there was no harassment yet work-place harassment can manifest itself in > quite a number of ways. > > 2. HARRASSMENT: > > Let me also point out to this community and the board, what I believe would > be additional forms of harassment both ethically and morally. > - Insulting someone > - Unfair treatment based on gender or language > - Other misuses of power or position > > Again, from the document that found itself on the mailing list, it was pretty > obvious to all of us that inappropriate language was used by a member of > staff and from your communication Mr.Chair, its pretty much determined that > there was such form of harassment, which is why its always important for such > HR issues to be resolved equitably when they arise so that staff do not feel > unfairly treated. The staff are at the heart of the organization and AfriNIC > needs to make sure that it will ensure a conducive working environment for > all members of staff both male and female. > > I therefore call upon the board and management to sort out the looming human > resource challenge facing AfriNIC today. We should never find ourselves in > such situations considering the risks and reputation this has towards the > organization. > > 3. ACCOUNTABILITY: > > To conclude my submission, let me point out that the resolution passed by the > board to task the GC to come up with Terms of Reference for the Investigation > Committee in order to avoid conflict of interest on the past of the entire > board was the proper thing to do and this reasoning should be followed to the > end though I am surprised that the board tasked the GC to formulate the ToR, > engage an IC but did not consider the privacy and confidentiality > Implications of the process when it was clear that the community requested > and expected an independent assessment of the situation and not a board view > of the assessment. > > It is more surprising that the board did not anticipate the course of things > and has now requested for more time to go through the report and so far we > have not heard of any concrete actions or measures taken towards the staff > issues. Despite the time that has passed, we are also not clearer than when > the allegations were made save for the undeniable evidence that was shared. > > Its my personal recommendation that the board send back the report to the GC > who should engage the IC to come up with a report that will not have legal > implications to the organization due to the local Data Protection Laws. This > should then be shared with the community and membership in my humble opinion. > > 4. GOVERNANCE: > > In terms of governance going forward, I believe the community and the > membership want to see measures in place that will ensure a safe and > conducive working environment for the staff and the organization at large. > The board still has great opportunity to sort out a whole range of issues > including improvement of existing measures in place. > > > This are my 2 cents dear community > > -- > ./noah > > _______________________________________________ > Community-Discuss mailing list > [email protected] <mailto:[email protected]> > https://lists.afrinic.net/mailman/listinfo/community-discuss > <https://lists.afrinic.net/mailman/listinfo/community-discuss> > > > > > -- > --KE > > > _______________________________________________ > Community-Discuss mailing list > [email protected] > https://lists.afrinic.net/mailman/listinfo/community-discuss
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