Online Tip-Off Website


1. Purpose
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.
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.
2. Scope
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.
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.
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
3. Reporting Process Channels
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.
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.
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.
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.
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.
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.
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.
4. Investigating Allegations
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.
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.
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.
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.
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.
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.
5. Actions Taken After Investigation
5.1 At the completion of the investigations, the investigators shall report their findings directly to the Whistleblowing Committee for deliberations.
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.
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.
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.
6. Whistleblower Confidentiality Protection
6.1 The identities of whistleblowers shall not be disclosed without prior consent of the whistleblowers unless the disclosure is required by law.
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.
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.
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.
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.
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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