1.2. This policy is designed to a) Support PDC Group’s Core Values; b) Ensure employees and external parties can raise concerns without fear of reprisals and safeguard such person’s confidentiality; c) Protect a whistleblower from reprisal as consequences of making a disclosure; d) Provide a transparent and confidential process for dealing with concerns
WHAT IS WHISTLEBLOWING?
WHO IS A WHISTLEBLOWER?
3.2 Whistleblowing is not a means by which a disgruntled employee can abuse, wreak revenge on or sabotage another fellow employee without any just cause or to hold an employee to ransom. Any action of whistleblowing must be undertaken because the employees truly believe what they have witnessed or have otherwise become aware of a violation of the Group’s work rules or would otherwise constitute unethical or illegal business conduct.
3.3 Employees must be prepared to testify or provide evidence of such actions, where necessary. Incidents reported by way of anonymous letter will also be reviewed and investigated on the basis of their merits.
3.4 A whistleblower can be an external party who has a business relationship with the Group, including customers, suppliers, contractors and consultants.
3.5 A whistleblower need not have to be directly or indirectly affected by or have a personal interest in the outcome of the actions giving rise to the whistleblowing. As long as a whistleblower has a genuine concern and reasonable grounds to believe that the actions of an employee is in breach or will be in breach of the Group’s work rules or principles of ethical conduct and fair dealing, he/she can be a whistleblower. However, a whistleblower must act in good faith at all times.
WHAT SHOULD BE REPORTED?
• Concerns about the Group’s accounting, internal controls and auditing matters;
• Fraud or suspected fraud, thefts and dishonest acts;
• Profiteering as a result of insider knowledge;
• Accepting or giving bribes;
• Mismanagement within the Group (including serious potential breach to the interest of society and environment);
• Act or omission jeopardizing the health and safety of the Group’s employees or the public;
• Making of statements or remarks which will be defamatory or cause disruption to racial harmony, sexual harassment or adopting discriminatory practices;
• Misappropriation of funds; and • Conduct which is an offence or breach of law.
WHEN TO REPORT?
HOW TO REPORT?
b) Chairman of the Audit Review Committee via a written letter to PDC’s office under Private & Confidential cover
6.2 The following key information should be provided :
• Alleged event that is of concern and the details involved • Name of person(s) and/ or department(s) involved (including external parties)
• Approximate date/location of the incident • Any documents or evidence available to support the matter
6.3 Whistleblowers are encouraged to provide their names so as to facilitate the investigations and the subsequent feedback. Confidentiality will be ensured. Anonymity is not encouraged as it can make investigations difficult or impossible.
PROTECTION FOR WHISTLEBLOWER
7.2 The Group will not tolerate any form of retaliation by anyone against the whistleblower and disciplinary action will be taken against those who victimize the whistleblower.
MALICIOUS OR FRIVOLOUS REPORTING
8.2 When allegations are done with malicious intent or ulterior motive for personal gain, disciplinary actions will be taken against the whistleblower concerned.
HOW THE GROUP WILL RESPOND
• Severity of the issue raised
• Credibility of the concern or information
• Likelihood of confirming the concern or the availability of information from attributable sources
9.2 Depending on the nature of the concern raised or information provided, the investigation may be conducted involving one or more of these persons or entities:
• The Audit Review Committee
• The Internal Auditors
• The External Auditors, Forensic Professionals or other consultants as deemed appropriate
• The Royal Malaysian Police, Malaysian Anti-Corruption Commission or other relevant enforcement agencies 9.3 The frequency of contact between the whistleblower and the person(s) investigating the concern raised and information provided will be determined by the nature and clarity of the matter reported. Further information may be sought from the whistleblower during the course of the investigation.