Complaints and Disputes Resolution
FASA is a non-profit organization which represents the interests of franchisors, service providers and franchisees in South Africa. One of FASA’s most important objectives is to promote ethical franchising, and all franchisor and service provider members are required to undertake to adhere to FASA’s Code of Ethics and Business Practices (“the Code”) prior to becoming members of FASA.
In order to ensure compliance with the Code, FASA follows up and investigates all allegations of contraventions of the Code by members.
FASA also aims to promote good relations and the amicable resolution of contractual and commercial disputes between participants in the industry and, to assist in this regard, FASA offers a mediation service to its members.
- FASA accepts written complaints only in respect of member companies. If the company you wish to complain about is not a member of FASA, your complaint will not be accepted.For a list of accredited member companies kindly click on this link http://www.fasa.co.za/showfranchises.php?acc=1
- FASA is not a consumer body and therefore does not deal with matters related to end-users, customers or consumers of franchise brands and products.
Should you wish to lodge a complaint, kindly do so in writing by clicking on the link below.A complaint submitted via the link will as rule be acknowledged within 48 hours. If you have submitted a complaint and it has not been acknowledged within that time, please follow up with FASA, as it may not have been received.
Your written submission will be referred to the member that is the subject of the complaint and, in terms of the Code, the respondent member will have seven working days within which to respond in writing to a complaint received via FASA.
If the respondent disputes the complaint, both the complaint and the response will then be referred to FASA’s Legal Committee and a response can be expected after the next scheduled meeting of the Committee. The Committee may require further submissions or clarification from either or both of the complainant and the respondent. The Committee meets monthly (except in the month of December) and therefore a response can generally be expected within a month of submission.
FASA cannot receive or resolve complaints telephonically and in the absence of a written submission, no complaint can be entertained.
Note also that, in terms of the Code, FASA is only empowered to make rulings on conduct that amounts to a contravention of the Code, and therefore all complaints are required to specify the clause/s of the Code that has/have been contravened.
FASA is only able to rule on contravention of the Code, and is not able to make a ruling on contractual or commercial disputes. However, in pursuance of its objective of promoting good relations and co-operation in franchising, FASA offer a mediation service to assist in the settlement of disputes between franchisor members and their franchisees.
If you would like to make use of FASA’s mediation service, please submit a written statement containing the names of both parties and details of the issues in dispute (with supporting documentation) to email@example.com
On receipt of a request or mediation, FASA will approach the member company concerned and invite them to respond to the complaint in writing and participate in a mediation process.
Please note that mediation is a voluntary process, aimed at amicable resolution of the dispute and FASA cannot compel any member to participate against its will.
Should the member company agree to a mediation session, FASA will secure a suitable mediator from amongst its membership, and will provide the mediator with copies of the complainant’s written complaint, the respondent’s response and all relevant supporting documents from both parties prior to the mediation session.
The mediator’s costs are paid for by FASA, but all other costs, such as travel expenses, legal advice and the preparation of a settlement agreement are for the parties’ own costs.
Mediation sessions are limited to a maximum of three hours.
The mediator, the complainant/s, representatives from the member company and FASA are invited to mediation sessions. Parties are not precluded from being represented by legal counsel but, as it is intended that the proceedings be conducted on an informal basis, it is not actively encouraged.