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1.1 |
Daikin Malaysia Sdn. Bhd. Sdn. Bhd and its subsidiaries ("DAMA") are
committed to a high standard of openness, integrity and accountability. To
achieve these ends, it has in place internal controls and operating procedures
to detect and to prevent or deter improper activities. However, even the best
systems of controls cannot provide absolute safeguards against irregularities.
To foster ethical behaviour by its employees, DAMA encourages its employees and
others with genuine concerns about the well being of the Company to come forward
and share in good faith, their knowledge of any serious misconduct or any breach
of law or regulation that may adversely impact the Company. |
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1.2 |
This Whistleblowing & Protection Policy aims to raise awareness of
whistleblowing and to reassure whistleblowers of protection from punishment or
unfair treatment by the Company for disclosing concerns in good faith. |
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2. |
Scope |
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2.1 |
This policy is designed to specifically cover internal reporting of alleged
improper activity. It governs the reporting / disclosure process and channels
within DAMA, as well as providing guiding principles for handling allegations of
improper conduct or malpractice, that are confined to DAMA. It also addresses
the protection and appropriate management of whistleblowers. |
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2.2 |
This policy DOES NOT apply for individual employee grievances or complaints
relating to employment matters such as job performance, terms and conditions of
employment, which will continue to be administered and reviewed by the
respective human resources departments within DAMA. |
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2.3 |
Improper conduct or malpractice would include but is not limited to:
- Fraud, theft or corruption
- Violation of Federal, State or Local laws and regulations
- Breach of Company code of ethics
- Abuse of power for personal and anyone else’s benefits
- Misuse or misappropriation of Company assets and facilities
- Undertaking of undisclosed private work which may conflict with duties and
responsibilities or the activities of DAMA
- Taking or offering gifts or offers as inducements to act in an unethical manner
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3. |
Reporting Process Channels |
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3.1 |
As a first step, whistleblowers are recommended to raise their concerns to the
immediate superior of the persons involve in the alleged malpractice. However,
if the whistleblower believes the immediate superior is involved, the matters
should be reported to the next level of management. The guiding rule is for
alleged malpractices to be reported to a level of management who is believed of
having no possible involvement. |
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3.2 |
If whistleblowers strongly believe it would be futile unless the disclosures are
made to the top management of DAMA, they can utilize the whistleblowing link
provided on the website of their respective companies. The whistleblowing link
is independently administered by the internal audit department of DAMA. |
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3.3 |
Alleged malpractices may be disclosed verbally or in writing. However, all
reports are encouraged to be made in writing so as to assure a clear
understanding of the issues raised. |
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3.4 |
To ease investigations into the alleged malpractices, whistleblowers should
provide full details and supporting evidence to demonstrate there are reasonable
grounds for the concerns. Such information shall include but not limited to the
background and history of the alleged malpractices; names of those involved, how
the acts were carried out and dates and places where the acts were carried out. |
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3.5 |
Although not mandated, whistleblowers are encouraged to disclose their
identities and contact details to facilitate interactions between them and the
investigators for a clearer understanding of the issues raised or to obtain
further evidences and information. |
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3.6 |
In order not to jeopardize any investigations into the alleged malpractices,
whistleblowers are expected to refrain from disclosing the fact they have raised
a concern, the nature of the concern and the identities of the persons involved
to any channels outside of this Policy. |
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3.7 |
If whistleblowers wish to disclose their allegations to channels outside of this
Policy, it is advisable that they take appropriate advice before proceeding as
it will be necessary to ensure they do not disclose confidential or legally
privileged information that could subject themselves to any legal actions.
Furthermore, if their concerns prove to be unfounded or misplaced, issues of
libel or slander may arise.
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4. |
Investigating Allegations |
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4.1 |
Allegations received will be assessed by the Whistleblowing Committee to
determine whether there are grounds for a more detailed investigation to take
place or whether the disclosures are based on erroneous information. |
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4.2 |
The Whistleblowing Committee shall consist of the Chief Operating
Officer, the relevant General Manager, the Legal Corporate Planning General
Manager and the Internal Audit Manager. The Committee may include any other
persons it deems appropriate and exclude any of its members from its meetings,
depending on the nature of the complaint.
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4.3 |
Where a more detailed investigation is necessary, the Whistleblowing Committee
shall, in accordance to the nature and facts of the alleged malpractices, direct
suitable persons or expertise to perform the investigation. |
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4.4 |
All reasonable steps shall be taken to ensure the confidentiality of the persons
who are the subject of the allegations, during the assessment and investigation
process. Where the results of the investigations do not substantiate the
allegations, the fact that investigations has been carried out, the results of
the investigations and the identities of the persons who are the subject of the
allegations will remain confidential. |
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4.5 |
There shall be no presumption of guilt of any persons at any stage until proven.
The investigators shall work independently with integrity and an open mind in
examining the processes, activities and evidence involved. The persons who are
the subject of the allegations shall be given the opportunity to respond and
their defense shall be fairly included in the investigation report. |
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4.6 |
The identities of the whistleblowers, including any descriptions which might
lead to their discovery, shall not be disclosed in any of the investigation
documents, records, exhibits and reports. |
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5. |
Actions Taken After Investigation |
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5.1 |
At the completion of the investigations, the investigators shall report their
findings directly to the Whistleblowing Committee for deliberations. |
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5.2 |
Where the investigation concludes that the alleged malpractices had indeed
occurred, the Whistleblowing Committee shall formally report the matters to the
Human Resources Manager to carry out the appropriate disciplinary procedures in
accordance to the relevant legal acts and regulations. The whistleblowers (if
contactable) shall be kept informed. |
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5.3 |
Where the investigation concludes that the alleged malpractices did not occur,
the persons who are the subject of the allegations and the whistleblowers (if
contactable) shall be advised accordingly. |
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5.4 |
Where the alleged malpractices cannot be proven, the Whistleblower Committee
shall decide on the next course of action to take and the persons who are the
subject of the allegations and the whistleblowers (if contactable) shall be
advised accordingly.
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6. |
Whistleblower Confidentiality Protection |
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6.1 |
The identities of whistleblowers shall not be disclosed without prior consent of
the whistleblowers unless the disclosure is required by law.
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6.2 |
Where it is necessary for the whistleblowers to participate in an investigation,
their role in reporting the alleged malpractices shall be kept confidential.
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6.3 |
Employees who are found to have intentionally disclosed the identities of
whistleblowers except where required by law shall be subjected to disciplinary
actions, up to and including termination.
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6.4 |
No persons who reported genuinely held concerns in good faith under this Policy
will be subjected to any reprisals, detrimental actions or victimizations as a
result of such disclosures even if the concerns turn out to be unfounded.
Employees who are found to have taken such actions against the whistleblowers
shall be subjected to disciplinary actions, up to and including termination.
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6.5 |
If whistleblowers are found to have made a disclosure maliciously that they know
to be untrue, or without reasonable grounds for believing that the information
supplied was accurate, appropriate actions will be taken against them in
accordance with the rule of law.
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6.6 |
The act of whistleblowing does not shield whistleblowers from the consequences
flowing from their involvement in the alleged malpractices. The management
reserves the right to decide whether to take into account the admission as a
mitigating factor when considering disciplinary or other actions.
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[end of this document] |
