whistle blowing policy 01€¦ · vto provide protection for whistle blowing employees against...

© 2012 TH HEAVY Engineering Berhad. All rights reserved.

Whistle Blowing Policy

Objectives

v To encourage employees to disclose any malpractice or misconduct (whistle blowing)of which they become aware

v To ensure that all allegations are thoroughly investigated and suitable action taken wherenecessary

v To provide protection for whistle blowing employees against adverse employment actions (discharge,demotion, suspension, harassment, or other forms ofdiscrimination)

v To provide protection for employees who participateorassist in aninvestigation

v To reinforce the group’s commitment to its policies,values, attitude andbehaviors

v To develop culture of openness, accountabilityandintegrity with thegroup

© 2012 TH HEAVY Engineering Berhad. All rights reserved.2


Why do we need thepolicy?

© 2012 TH HEAVY Engineering Berhad. All rights reserved.3


v To give effect to the group’s duty oftrust by protecting it’s integrity

v To disclose misconduct so appropriateremedial action can betaken

Whowill be impacted by the policy?

v All employees (full-time, part-time,temporary)v Contractorsv Suppliersv Agentsv Customersv Associatesv OtherStakeholders

© 2012 TH HEAVY Engineering Berhad. All rights reserved.© 2012 TH HEAVY Engineering Berhad. All rights reserved. 4

© 2012 TH HEAVY Engineering Berhad. All rights reserved.© 2012 TH HEAVY Engineering Berhad. All rights reserved.

Our commitment towards thepolicy

v Committedto the highest possiblestandards of openness,probity andaccountability

v Committed to uphold our corevalues:v Professionalismv Integrityv Commitmentv Innovationv Qualityv Nurture

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The policy isnot…

v Channel to raise personalgrievances

v Avenue to raise concerns or views with regards to otherdepartments

v Way to raise personal matters / interests

v Approach to raise other HR matters (i.e. performance,promotionetc.)


Channel ofCommunication

v Anonymous letter

v Anonymous phonecalls

v Phone calls to the committeemembers

v Email with anonymous senderaddress

v Any other channels deemedsuitable by the whistleblower

7

Types of concerns

v Actual or potentialmisconduct:v Against the Group’s governing rules,

procedures and policies or established standards of practice

v Improper, unethical or unlawfulv Waste of Group’s resourcesv Sexual or physicalabusev Conflict of interestv Abuse of powerv Insider dealing or illegal informationv CompromisingHSEv Attempt tocover up any of the abovev Any other misconducts (not listed

above)


v

Measures (1/2)

v

Confidentialityv Whistle blower reveal identityv Concerns will be treated in strictestconfidencev Protect identityv During hearing, need to come forwardas

witness with consent

Anonymousv Whistle blower hide identityv Interest protectedv Must not reveal identity to third partyv Disadvantage: may hamper further

investigations


v

Measures (2/2)

v

Harassment or victimizationv Protect whistle blower from being harass or victimize

by those who may be guiltyv Protect person who raises a concern in good faith

Falseallegationsv Allegations prove to be malicious, malafide or

knowingly false are serious disciplinary offence and warrant disciplinary action

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Procedure(1/2)

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v Raise the concernto one of the whistle blower committee member using one of the channel ofcommunication

v The committee member will acknowledge receiptwithinseven (7) calendar days

v Reports will be meticulously investigated by thecommittee to ascertainwhethera full investigation is appropriate

v Outcomeof the investigation will be given to CEO for approval on the action tobe taken

v Externalauthorities might be notified of the outcome of the investigation i.e. SPRM, Policeetc.

v Whistleblowerwill also be notified if identity is disclosed

Procedure(2/2)

v Issuesraised through whistle blowing will be registered and tracked

v On periodical basis, the Boardof Directors will be informedof all whistle blowingraised

v Notification: Group Human Resource Department is required to notify and communicate theexistence and contents of this policy to the employees and all new employeesrespectively



Flowchart

StartRaiseConcern with WBCM

Proceed?

Personal?

Grievance Procedure

End

Internal Investigation

ExternalInvestigation –

involve thePolice

Anti Corruption Agency - SPRM

FormalInvestigation –

involve thePolice

Closed outaction by WBCM

PresentRecommendations

to CEO

Findingsmadeknown to WBCM

& CEO

Findingsmadeknown toWBCM

& CEO

Closed outaction by WBCM

File in Court?

Legal takesover

WBCM to enforce recommendations

Whistle Blower Committee Member (WBCM)

Chairman

Committee Member Committee Member


Roles andresponsibilitiesv Whistleblowersv Should act in good faith and notmake false accusations when

reporting

v Suspectsv Should cooperate during investigations. Identify shallremain

confidential (Whistleblower Protection Act2010)

v Whistle Blowing Committee Members(WBCM)v Should investigate the raised concernspromptlyv Should appoint panel of investigatorsv Should maintain confidentialityv Should remain independent and unbias

v Investigation Participantsv Should fully cooperate in the investigationv Should be honest and openv Should maintain confidentiality and refrain from disclosingthe

mattersv Should remain independent and unbias


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